Case No. 200/5046/15-k dated 18/03/2025
Subject of Dispute: Prosecutor's cassation appeal against the ruling of the Zaporizhzhia Court of Appeal in a criminal case concerning PERSON_8, accused of official forgery.
Main Arguments of the Court: The Supreme Court thoroughly examined the case materials and the prosecutor's arguments. The court concluded that the appellate court previously correctly assessed…
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1. Subject of Dispute: Recognition of the actions of the Novousytska Settlement Council as unlawful regarding the sale of land lease rights and invalidation of the lease agreement.
2. Key Court Arguments:
- LLC "Impeks" purchased a gas station previously owned by LLC "Technogaz"
- The previous land lease agreement was valid until the liquidation…
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1. Subject of Dispute: Recognition of the Pension Fund's inaction as unlawful regarding non-accrual of pension supplement to a minor child residing in a radioactively contaminated territory.
2. Key Court Arguments:
- Minor children receiving survivor's pension are considered non-working pensioners
- The Chornobyl Disaster Law does not limit the right to supplement based on…
Subject of Dispute: A serviceman challenges the incorrect determination of the allowance for service specifics and bonus in the reference on monetary compensation for pension recalculation.
Main Court Arguments:
1. The Supreme Court indicated that the approach to specifying different percentage indicators of allowance and bonus for pensioners in minimum amounts is unlawful.
2. Previous instance courts did…
Analysis of the Court Decision:
1. Subject of Dispute: Recovery of damages from a counterparty due to late registration of tax invoices in the amount of 1,814,300.75 UAH.
2. Main Arguments of the Court: The court took into account the specifics of tax legislation during martial law, in particular, that in February-May 2022, the buyer had the…
Subject of Dispute: Recognition of the Pension Fund's Refusal as Unlawful to Accrue and Pay a Pension of 8 Minimum Old-Age Pensions to a Person with Disability Group 2 as a Result of the Chornobyl Catastrophe.
Main Arguments of the Court:
1. The Constitutional Court of Ukraine in its decisions dated 07.04.2021 and 03.04.2024 recognized that the…
Case No. 235/1783/23 dated 17/03/2025
Subject of Dispute: Illegal Acquisition and Possession of Psychotropic Substances (4-MMC and Amphetamine) for Personal Use.
Main Court Arguments: First, the court thoroughly analyzed the case circumstances and established that PERSON_6 indeed illegally acquired and possessed psychotropic substances. Second, when sentencing, the court considered several mitigating circumstances: the convicted person has no…
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1. Subject of Dispute: Criminal case concerning a civil protection service major who committed violence against a subordinate during a service conflict.
2. Main Arguments of the Court: The Supreme Court for the first time determined that State Emergency Service employees can be considered law enforcement officers. The…
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1. Subject of the dispute: recovery of debt under a credit agreement from an individual.
2. Main arguments of the court:
- The bank demanded recovery of interest, penalty, and expenses under the executive note
- The Court of Appeal partially satisfied the claims, reducing the amount of recovery
- The Supreme…
Subject of Dispute: A serviceman challenges the amount of monetary compensation for unissued personal property upon discharge from military service.
Main Arguments of the Court: The Supreme Court established that disputes concerning compensation for servicemen should be considered under labor legislation rules with a three-month appeal period, rather than under administrative procedural timeframes. The Court indicated…
Subject of the dispute - challenging the refusal to restore the time limit for appealing the investigating judge's ruling.
Main arguments of the court: First, the lawyer participated in the court session via video conference and repeatedly requested to be sent the full text of the ruling, but her requests were left without proper response. Second,…
Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Initiation of Enforcement Proceedings under a Credit Agreement.
Main Arguments of the Court:
1. The writ of execution has entered into legal force and was not cancelled at the time of presentation for execution.
2. The writ of execution clearly specifies the debtor's property located in…
Case No. 520/10351/24 dated 19/03/2025
Subject of Dispute: Appeal of the Decision of the State Tax Service of Ukraine by an Individual Entrepreneur.
Main Arguments of the Court: The court thoroughly analyzed the reasons for missing the appeal deadline and concluded that the lack of budget funding for paying court fees is not a valid reason. The…
Subject of Dispute: Recovery of Debt under Agreements for Software Complex Use and Provision of Related Services between LLC "Naftogaz Digital Technologies" and JSC "Ukrgazvydobuvannya" for the year 2021.
Main Court Arguments: The Supreme Court established that the agreements could not be automatically extended for 2021 due to the entry into force of the new Law…
Subject of Dispute: The Prosecutor challenges the city council's inaction regarding improper placement of temporary structures for entrepreneurial activities.
Main Arguments of the Court:
1. Compliance with the procedure for placing temporary structures constitutes a public interest of the territorial community.
2. If a local self-government body violates state interests, the prosecutor has the right to appeal to…
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1. Subject of Dispute: Division of Jointly Owned Marital Property, including corporate rights, real estate, vehicles, and debt obligations.
2. Key Court Arguments:
The court deviated from previous judicial practice regarding division of spouses' corporate rights. In particular, it recognized that one spouse may claim payment of a share in the company's authorized capital,…
Subject of Dispute: Return of Equity Contributions in Connection with Termination of a Participation Agreement in Construction between an Individual and a Housing Construction Cooperative.
Main Arguments of the Court:
1. The Participation Agreement in Construction dated January 26, 2007, was terminated by the court due to significant violations of the contract terms, which gives the plaintiff…
Here is the translation of the legal text summary:
1. Subject of Dispute: Housing Cooperative (OSBB) challenges the purchase and sale agreement and ownership certificates for auxiliary premises of a multi-apartment building.
2. Key Court Arguments:
- Auxiliary premises are common property of the building's co-owners
- The Housing Cooperative has the right to apply to court to protect…
Subject of Dispute: Recovery of Thermal Energy Debt from an Individual by "NizhynTeploMezhi" Company.
Main Arguments of the Court: The Supreme Court supported the appellate court's position that since "NizhynTeploMezhi" company is in bankruptcy proceedings, all property disputes involving it must be considered by the commercial court within the bankruptcy case. The court referred to the…
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Subject of Dispute: Vynohrativ City Council attempts to recover a residential house from the Farming Enterprise "Kolos" by challenging the state registration of ownership rights to this house.
Main Arguments of the Court:
1. The court established that state registration of ownership rights is not an indisputable proof of ownership, but creates a presumption…