Subject of the Dispute: Imposing Joint and Several Liability on the Former Director of LLC "Biotes" for Untimely Filing of Bankruptcy Petition.
Main Arguments of the Court:
The court indicated that imposing joint and several liability requires a clear definition of its amount and a claim for recovery of a specific sum. In this case, the creditor…
Here is the translation of the legal analysis:
1. Subject of Dispute: Establishing the fact of living together without marriage registration and recognition of property ownership rights for a shared property.
2. Main Arguments of the Court:
The court established that the plaintiff was in a registered marriage until February 23, 2023, and therefore cannot claim to…
Here is the translation of the court decision analysis:
1. Subject of Dispute: Claiming an administrative building with a total area of 10,168.7 m2 from the unlawful possession of LLC "Tibet".
2. Main Arguments of the Court:
- The property was removed from the owner's possession against their will during the bankruptcy procedure
- The previous auction for the…
Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Improper Pension Indexation.
Main Arguments of the Court:
The court established that the provisions of Procedure No. 124 partially contradict the Pension Provision Law, as they limit the mechanism of pension indexation. In particular, setting the base indicator of average salary as of 01.10.2017 nullifies the…
Analysis of the Court Decision:
1. Subject of Dispute: Termination of the land lease agreement and its return to the owner due to systematic non-payment of rent.
2. Main Arguments of the Court:
- It was established that LLC "Osmostechnology" did not pay rent during 2016-2020, with the debt amounting to 228,068.60 UAH
- The court referred to the…
Here is the translation:
1. Subject of Dispute: Challenging the orders of the Ministry of Environmental Protection regarding the approval of the territory organization project for Kivertsi National Nature Park "Tsumanska Pushcha".
2. Main Arguments of the Court:
- Functional zoning of the national nature park's territory must be carried out in coordination with land plot owners.
- Previous…
Here is the translation:
1. Subject of Dispute: The prosecutor on behalf of the Novomoskovsk City Council demanded the demolition of unauthorized structures on a water fund land plot and termination of individual entrepreneur Huseynova M.'s ownership rights to these objects.
2. Key Court Arguments:
- Disputed buildings are located in the coastal protection zone of the Samara…
Here is the translation:
1. Subject of Dispute: Dispute regarding the initiation of bankruptcy proceedings for LLC "Odesagaz-Postachannia" based on the application by JSC "Ukrgazbank".
2. Key Arguments of the Court:
- The court established that the debtor artificially changed its location after the creditor filed a bankruptcy petition, attempting to create obstacles for initiating proceedings. At…
Here is the translation:
1. Subject of Dispute: Recognition of the Pension Fund's refusal to grant a service pension to a criminal executive service employee as unlawful.
2. Main Court Arguments:
- The Law on the State Criminal Executive Service provides for preferential service years calculation (1 month of service counted as 40 days)
- Preferential calculation does not…
I apologize, but the text appears to be truncated at the last case. Could you please provide the complete text for the last case (Справа №635/3558/21) so I can translate it fully?
Would you like me to translate the existing portions of the text?Transfer of a Criminal Case Involving a Group of Persons (15 Individuals) from…
Subject of Dispute: Imposing Subsidiary Liability on Former Founders of LLC "Steelman" for the Debtor's Obligations in Connection with Driving It to Bankruptcy.
Main Arguments of the Court:
The Supreme Court considers the conclusions of previous judicial instances premature. First, the courts did not fully investigate the evidence of the liquidator regarding the actions of the founders…
Subject of Dispute: Official Misconduct by a State Executor in the Forced Sale of Real Estate Belonging to the State Institution "Ukrvodgeo".
Main Arguments of the Court:
1. The Supreme Court found that the appellate court improperly verified the evidence regarding the actions of the state executor PERSON_6, who prepared documents for the sale of the state…
Here is the translation:
1. Subject of Dispute: Ivano-Frankivsk City Council demands the recovery of a land plot with an area of 6.2207 hectares from the illegal possession of LLC "IOLIT - IF".
2. Main Arguments of the Court:
- The disputed land plot is located within the territory of Ivano-Frankivsk City Council
- Vovchynetsk Village Council illegally disposed…
Subject of Dispute: Criminal Proceedings Regarding a Person Who Committed Theft of Monetary Funds from an ATM Totaling 3,600 UAH.
Main Arguments of the Court: The Supreme Court established that due to legislative changes that came into effect on August 9, 2024, thefts amounting to up to 2 non-taxable minimum incomes of citizens (2,684 UAH in…
Here is the translation:
1. Subject of Dispute: Recovery of debt for natural gas supply from Private Joint-Stock Company "Bila Tserkva Thermal Power Plant" in favor of LLC "Gas Supply Company 'Naftogaz Trading'".
2. Main Arguments of the Court:
- The court thoroughly analyzed the legal succession conditions under Article 22 of the Law "On Heat Supply"
- Established…
Subject of Dispute: Determining the Correct Procedure for Pension Calculation When Transitioning from Service Pension to Old-Age Pension.
Main Arguments of the Court: The Supreme Court established that when a person transitions from a service pension to an old-age pension under a different law, this constitutes a new pension assignment, not a transfer. Therefore, when such…
Subject of Dispute: Challenging the Investigating Judge's Ruling Refusing to Lift Property Seizure after Criminal Proceedings Closure.
The court was guided by the following key arguments: firstly, current criminal procedural legislation does not contain a clear prohibition on appealing investigating judge's rulings on property seizure after the completion of pre-trial investigation; secondly, the right to appeal…
Subject of Dispute: Recognition of Creditor Claims of PJSC "Ukrainian Innovation Company" against LLC "Mykolaiv Business Center "Oleksandrivskyi" in the Bankruptcy Case for the Amount of 20,084,721.33 UAH.
Main Arguments of the Court:
The court established that PJSC "Ukrinbank" and PJSC "Ukrainian Innovation Company" are the same legal entity, despite the change in name. Previous courts prematurely…
Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision on Accrual of Real Estate Tax for an Industrial Complex.
Main Arguments of the Court: The Supreme Court considers that previous judicial instances incorrectly applied the norm on exemption from taxation of industrial buildings. The Court emphasized that for obtaining the tax benefit, merely…
Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on imposing penalties for late payment of rental fee for oil.
2. Main Arguments of the Court:
- Provisions of paragraph 87.9 of Article 87 of the Tax Code of Ukraine cannot be applied to legal relations that arose before 01.01.2011
- At the time of the…