Subject of Dispute: Invalidation of a Unilateral Legal Transaction - Statement of Set-off of Counterclaim Homogeneous Requirements.
Main Arguments of the Court:
1. In case No. 638/16545/20, the fact of the loan repayment due date for PERSON_2 before LLC "Lutsk Agrarian Company" was already established.
2. The supplementary agreement dated 26.12.2019 on extending the loan repayment period until…
Subject of the dispute: Recognition of the unlawful inaction of an individual entrepreneur regarding the failure to prepare a civil protection shelter.
Main arguments of the court:
1. The State Emergency Service and local self-government bodies do not have legally defined powers to independently file a lawsuit about bringing the protective structure into proper condition.
2. The prosecutor…
Case No. 991/1186/25 dated 28/03/2025
Subject of Dispute: Consideration of PERSON_1's appellate complaint against the High Anti-Corruption Court's ruling on securing a claim regarding recognition of assets as unjustified and their recovery to state revenue.
Main Arguments of the Court: The court thoroughly analyzed the appellate complaint and concluded that there are no grounds for its satisfaction.…
Subject of Dispute: Recovery of Penalty from LLC "Kyivrianta" for Late Submission of Net Income Certificates under the Lease Agreement for Premises at Boryspil Airport.
Main Court Arguments:
1. The Defendant did not provide properly executed net income certificates for the period from March 2022 to September 2023, which constitutes a breach of contract terms.
2. The Court…
Subject of Dispute: Recovery of Debt for Electricity Transmission Services from LLC "Kramatorskteploenergo" in Favor of PJSC "NEC "Ukrenergo".
Main Arguments of the Court: The Supreme Court established that the previous courts incorrectly applied Article 254 of the Civil Code of Ukraine to contractual legal relations, as the parties independently determined the terms of performance of…
Subject of Dispute: Determination of the Minimum Value of Stolen Property Triggering Criminal Liability for Theft.
Main Arguments of the Court: The Supreme Court established that when determining criminal liability for theft, it is necessary to consider the amount of the non-taxable minimum income of citizens at the time of the offense. In this case, as…
Here is the translation:
1. Subject of Dispute: Criminal Case of Robbery, Theft, and Possession of Narcotic Substances Committed by PERSON_8 and PERSON_9.
2. Main Arguments of the Court:
- The court established that PERSON_8 and PERSON_9 committed a robbery against PERSON_11 and PERSON_12, during which they threatened with a knife and seized property from the victims totaling…
Here is the translation:
1. Subject of Dispute: Lawsuit for eviction of a blood uncle from an apartment inherited by a nephew.
2. Main Arguments of the Court:
- PERSON_2 has a long-standing connection with the apartment since 2003 and is a former family member of the previous owner
- Eviction would violate the right to respect for housing…
Subject of Dispute: Challenging the Refusal of a Private Notary to Issue a Certificate of Inheritance under a Will.
Main Arguments of the Court:
1. The will was certified by the village elder who, at the time of certification, had powers from the city council, despite the fact that the decision on her authorization was later partially…
Here is the translation of the legal text:
Case No. 910/628/20 dated 03/03/2025
Here is the analysis of the court decision:
1. Subject of the dispute: Recognition of monetary claims by UKRLENDFARMINGS PLC against PJSC "Raize Company" for the amount of 2,244,948,441.23 UAH under an intra-group loan agreement.
2. Main arguments of the court:
- The creditor did not provide…
Here is the translation:
Subject of Dispute: A serviceman challenges the inaction of the military unit regarding non-payment and improper calculation of monetary compensation for the period of service.
Main Arguments of the Court:
1. The court deviated from the previous practice of determining the term for appealing to the court, indicating that the term should be calculated…
Subject of the Dispute: Recognition of the Pension Fund's Inaction as Unlawful Regarding Non-Accrual of Pension Increase for a Minor Affected by the Chornobyl Catastrophe.
Main Arguments of the Court: The Supreme Court deviated from previous practice and recognized that minor children receiving a survivor's pension are non-working pensioners. The Court referred to the Constitutional Court's…
Subject of the Dispute: Claim by PERSON_1 against the Main Directorate of the Pension Fund of Ukraine in Dnipropetrovsk Oblast regarding challenging actions related to sick leave calculation and obligation to make monetary payments.
Main Court Arguments: The Supreme Court established that the courts of previous instances incorrectly applied procedural norms by returning the statement of…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of the SBU Department's inaction as unlawful regarding improper consideration of a serviceman's application for housing monetary compensation.
2. Main Court Arguments:
- Legislation provides servicemen with the right to receive housing or compensation for it
- There is a clear compensation procedure that includes a…
Subject of Dispute: Military Serviceman PERSON_1 challenges the military unit's decision not to accrue additional monetary compensation in the amount of 100,000 hryvnias for participation in combat actions and ensuring national security measures from September 27, 2022, to January 6, 2023.
Main Arguments of the Court: The Supreme Court pointed out significant procedural violations by previous…
Subject of Dispute: Compensation for Property and Moral Damage Caused by a Road Traffic Accident.
Main Arguments of the Court:
1. The court emphasized that the primary burden of damage compensation in road traffic accident cases should be borne by the insurer, not the person who caused the damage.
2. The driver's civil liability was insured with the…
The case concerns abuse of official powers by a police officer during the detention of a driver.
Main arguments of the court:
1. Police officer PERSON_6 unreasonably stopped and detained the driver PERSON_8, contrary to service instructions and legislation.
2. He artificially created a situation of prolonged restriction of personal freedom without legal grounds.
3. A forensic psychological examination…
Subject of the Dispute: Lviv City Council demanded the removal of obstacles in disposing of a land plot by demolishing a kiosk belonging to a private entrepreneur.
Main Arguments of the Court: The Supreme Court established that the dispute arose between the city council and a private entrepreneur regarding a land plot and a kiosk used…
Subject of Dispute: Recovery of debt under a credit agreement from a bank client, which arose as a result of fraudulent transactions with her bank card.
Main Arguments of the Court:
1. The Supreme Court established that the bank did not prove the client's guilt in the loss or disclosure of personal data that allowed fraudulent transactions…
Here is the translation:
1. Subject of Dispute: Recovery of debt in the amount of USD 535,000 under a loan agreement between PERSON_1 and PERSON_3.
2. Main Arguments of the Court:
The Supreme Court paid special attention to the principles of good faith and reasonableness in civil proceedings. The court identified signs of artificiality in the claim, which…