Subject of Dispute: A female servicemember challenges the incorrect calculation of monetary allowance indexation for the period from March 2018 to August 2021.
Main Arguments of the Court:
1. The court established that previous court decisions incorrectly assessed the mechanism of calculating the "indexation difference" according to paragraphs 3-6 of item 5 of Procedure No. 1078.
2. To…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions of LLC "AMBRA IMPEKS" regarding additional tax liabilities and penalty sanctions.
2. Main Arguments of the Court:
- The plaintiff's business transactions with counterparties are of a real nature
- Primary documents comply with legislative requirements
- Lack of fixed assets by counterparties is not grounds for recognizing transactions…
Subject of Dispute: Recognition of Unlawful Inaction by a Municipal Enterprise Regarding Improper Maintenance of a Civil Protection Shelter.
Main Arguments of the Court:
1. The Supreme Court established that the prosecutor does not have the right to apply to the court on behalf of the state in the interests of the State Emergency Service and the…
Subject of Dispute: A serviceman challenges the incorrect calculation of one-time financial assistance upon dismissal and demands its recalculation taking into account the subsistence minimum for different years.
Main Arguments of the Court: The Supreme Court established that the concepts of "monetary allowance", "one-time financial assistance", and "salary" are equivalent, therefore the plaintiff is exempt from…
Subject of Dispute: Recognition of Actions by the Territorial Administration of the State Judicial Administration of Ukraine in Chernihiv Oblast as Unlawful Regarding Calculation and Payment of Judicial Remuneration at a Reduced Subsistence Minimum.
Main Court Arguments:
1. The court established that when calculating remuneration, a subsistence minimum of 2,102 UAH was used instead of 2,684 UAH,…
Here is the translation:
1. Subject of Dispute: Challenging court rulings regarding return and non-acceptance of an appeal by a person with a disability due to non-compliance of documents confirming disability status.
2. Main Court Arguments:
- Medical and Social Expert Commission (MSEC) certificate is a valid document for confirming disability and exemption from court fees
- The Law…
Here is the translation:
1. Subject of Dispute: Challenging the Legitimacy of Penalty Sanctions for Late Registration of Tax Invoices Issued from November 2021 to January 2022.
2. Key Court Arguments:
- During quarantine and martial law, there were moratoriums on applying penalty sanctions for late registration of tax invoices
- Legislation did not create fair conditions for taxpayers…
Here is the translation of the legal analysis:
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. The period of recovery of average earnings covers the interval from August 11, 2021, to May 02, 2024.
2. The Court changes the previous practice…
Subject of Dispute: Removal of Obstacles in Using Residential Premises and Settling the Former Husband into a House Belonging to His Former Wife.
Main Arguments of the Court:
1. Plaintiff PERSON_1 was settled into the house on legal grounds as a family member of the owner, and therefore has the right to use the housing even after…
Subject of Dispute: Return of an Administrative Fine Paid Based on a Court Order Subsequently Cancelled by the Supreme Court.
Main Arguments of the Court:
1. The institution of reversal of court decision execution, provided for in Article 380 of the Administrative Procedure Code of Ukraine, cannot be applied to orders imposing a fine under Article 149…
Here is the translation:
1. Subject of Dispute: Recovery by Horodok City Council from PE "Universam" of rental fee arrears for a land plot in the amount of 1,958,024.90 UAH.
2. Main Court Arguments:
- Previous instance courts believed that the plaintiff incorrectly calculated the rental fee, unjustifiably applying annual inflation coefficients on a cumulative basis.
- The Supreme…
Here is the translation:
1. Subject of Dispute: Recovery of bank deposit contributions, interest thereon, and compensation for moral damages.
2. Key Court Arguments:
: The Supreme Court confirmed the previous legal position that replacement of the debtor in the obligation without the client's written consent is unlawful. The bank remains responsible for returning deposits.
- The bank is…
Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on accrual of penalties for violation of settlement terms in foreign economic activity.
2. Key Court Arguments:
: The Supreme Court deviated from previous practice and changed the approach to understanding force majeure circumstances.
- Chamber of Commerce and Industry certificate on force majeure is not an…
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. In accordance with Article 117 of the Labor Code of Ukraine, the employer is obligated to pay the employee average earnings for the entire period of delay in settlement upon dismissal.
2.…
Subject of the Dispute: Sense Bank challenges the refusal of the Administrative Services Department of the Chernihiv City Council to register its ownership right to an apartment.
Main Arguments of the Court: The Supreme Court recognized that this dispute is a public law matter, as the bank is challenging the decision of an administrative authority regarding…
Subject of the dispute - appointment of a civil servant's pension under the Law "On Civil Service" to a person who previously received a disability pension.
The court drew attention to a fundamentally important legal position: a person who previously received a disability pension under the Law "On Civil Service" and was subsequently transferred to a…
Subject of Dispute: Recognition of Property Rights to an Apartment in Kyiv.
Main Arguments of the Court: First, the court emphasized that an attorney's powers can be confirmed not only by a formally impeccable warrant but also by other documents, including a legal assistance agreement. Second, the existence of a certificate of the right to practice…
Subject of Dispute: Challenging the State Executor's Resolution on Terminating Enforcement Proceedings Regarding Determining the Father's Method of Participation in Child Upbringing.
Main Arguments of the Court:
1. The court considers that the state executor approached the execution of the court decision on the father's visitation with children formally.
2. Despite the absence of direct obstacles from the…
Here is the translation:
1. Subject of Dispute: Challenging the Order of the Municipal Property Department on Cancellation of Electronic Auction for Sale of Non-Residential Building.
2. Main Court Arguments:
- The Municipal Property Department unjustifiably cancelled the electronic auction where PERSON_1 became the winner
- The decision to cancel the auction violates the principle of stability of public…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notifications-Decisions Issued by the Main Directorate of the State Tax Service in Kyiv.
Main Arguments of the Court:
The Supreme Court established that the court of first instance violated procedural norms by continuing the case review after receiving a motion for judicial recusal without properly examining this…