Subject of Dispute: Appealing the verdict against a person convicted of stealing communication cables and damaging telecommunication networks. The court was guided by the following arguments: 1) According to the new Law No. 3886-IX dated 18.07.2024, theft of property valued at less than 2,270 UAH has been decriminalized and is now considered an administrative offense;…
Case No. 671/1742/23 dated 06/11/2024
Subject of the dispute - challenging the decision to release a bus driver from criminal liability who caused a traffic accident with passenger injuries. The court was guided by the fact that the accused sincerely repented, which is confirmed by his behavior - he fully admitted guilt, voluntarily compensated the victims,…
Case No. 910/3313/21 dated 07/11/2024
Subject of Dispute: Invalidation of the Antimonopoly Committee of Ukraine's decision recognizing the gas distribution company's actions as abuse of monopoly position and imposing a fine.
Main Court Arguments: 1) AMC correctly determined that the company held a monopoly position in the gas distribution market within its territory; 2) The company's unreasonable…
Subject of the dispute is challenging an acquittal verdict regarding an official of the Municipal Enterprise "Capital Construction Management", who was accused of official negligence that resulted in material damages amounting to 155,869.80 UAH. The court of cassation instance established that lower instance courts improperly recognized the construction and technical expert opinion No. 2244 as…
Subject of the dispute - challenging the ruling of the Appellate Chamber of the High Anti-Corruption Court on refusal to open appellate proceedings. The court established the presence of an exceptional legal issue or the need to deviate from the conclusion regarding the application of a legal norm in similar legal relations. For this reason,…
No new decisions were published today
No new decisions were published today
Case No. 201/9248/20 dated 30/10/2024
Subject of Dispute: Appealing a court verdict regarding the conviction of a person for murdering a law enforcement officer, attempted murder of another police officer, and illegal handling of a weapon. Main Court Arguments: The court established that the convicted person, being a former law enforcement officer, intentionally shot and killed…
Subject of the dispute is challenging a resolution on imposing a fine for violation of urban planning legislation, which was issued by the deputy head of the architectural and construction control department. The court was guided by the fact that, according to the law, only heads of executive bodies for state architectural and construction control…
The court was guided by the fact that the plaintiff (the deceased's former husband) voluntarily submitted an application in 2021 to waive claims to the shared marital property and did not object to the issuance of inheritance certificates in favor of the son. According to the doctrine of venire contra factum proprium (prohibition of contradictory…
Subject of the dispute is the Pension Fund's refusal to grant an old-age pension on general grounds to a person who is already receiving an old-age pension on preferential terms. The court was guided by the fact that an old-age pension on preferential terms is a type of old-age pension, not a separate type of…
Case No. 943/1158/22 dated 04/11/2024
The court was guided by the fact that the gas supply company provided proper evidence of unauthorized interference with the gas meter (damage to paint coating, cracks, scratches on mechanisms), which led to distortion of accounting data. The consumer did not refute the fact of interference and the legitimacy of the…
Case No. 943/1158/22 dated 04/11/2024
The court was guided by the fact that JSC "Lvivgaz" proved by appropriate evidence the fact of unauthorized interference with the gas meter, in particular the presence of damage to the paint coating, cracks, scratches on mechanisms, which led to distortion of gas metering data. The consumer did not refute the…
Subject of Dispute: An entrepreneur challenging a tax notification-decision on accrual of penalties for violation of settlement terms for foreign economic operations.
The court was guided by the following arguments: 1) The presence of force majeure circumstances (martial law) is confirmed by a Chamber of Commerce and Industry certificate and exempts from liability for breach of…
The court was guided by the fact that at the time of filing the lawsuit in 2014-2015, the then-current Law of Ukraine "On Prosecution" did not contain prohibitions or restrictions on a prosecutor representing the state's interests through state institutions, including environmental protection agencies. The prosecutor had the right to independently determine what constituted a…
Case No. 420/13707/22 dated 28/10/2024
The court was guided by the fact that the Administrative Services Center of the Kivertsi City Council improperly did not consider the plaintiff's application for registration as an Internally Displaced Person (IDP) and did not issue the corresponding certificate. The court took into account that the plaintiff provided evidence of residence…
The court was guided by the fact that, according to the resolution of the Supreme Court dated 30.08.2024, if a claim contains only a demand to declare an arbitration agreement invalid, the court must refuse to open proceedings, as such a dispute is not subject to consideration in commercial courts. The court also noted that…
Subject of the dispute is the legality of convicting a person for an attempted theft of goods worth 1,129.24 hryvnias and 311.77 hryvnias during martial law. The court was guided by the fact that according to the new Law No. 3886-IX dated 18.07.2024, which has retroactive effect, the threshold value of property for qualifying theft…
The court, in rendering its decision, was guided by the fact that on August 9, 2024, Law No. 3886-IX came into effect, which raised the property value threshold for qualifying theft as an administrative offense to 2 non-taxable minimum citizen incomes. Since the value of the stolen property was found to be below this threshold,…
Case No. 991/4164/23 dated 31/10/2024
The subject of the dispute cannot be determined, as only the introductory and operative parts of the court decision are provided without the descriptive and motivational parts. The court does not provide arguments for the decision made, as the motivational part is absent from the provided text. The Appellate Chamber of…
