Case No. 595/1754/23 dated 12/03/2025
Subject of Dispute: Criminal case of rape of a minor daughter by her father.
Main Arguments of the Court:
- The guilt of PERSON_7 is confirmed by a set of evidence: testimony of the victim, witnesses, expert conclusions
- The victim identified her father by his characteristic cough and smell of alcohol
- Expertise established…
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Subject of Dispute: Recognition of Bank Guarantee as Non-Enforceable and Termination of Bank's Obligations under the Guarantee.
Key Court Arguments:
1. The Bank (guarantor) does not have the right to assess the presence or absence of the principal's obligation, but is obligated to pay under the guarantee if the claim corresponds to the guarantee…
Subject of Dispute: Termination of a Land Lease Agreement and Demolition of an Unauthorized Construction on a Land Plot in the City of Berdychiv, Located in the Archaeological Cultural Layer Protection Zone.
Main Court Arguments: The Supreme Court considers that previous judicial instances incorrectly evaluated the evidence and circumstances of the case. Firstly, the courts did…
Subject of Dispute: Invalidation of an Additional Agreement to the Lease Agreement for an Educational Institution Premises.
Main Arguments of the Court:
1. The Supreme Court established that the conditions of the additional agreement violate part four of Article 80 of the Law of Ukraine "On Education", which prohibits the use of state educational institutions' property for…
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1. Subject of Dispute: Termination of a land lease agreement in connection with the alienation of real estate located on the leased land plot.
2. Main Arguments of the Court:
The Supreme Court deviated from previous judicial practice and indicated that when ownership of real estate located on a leased land plot is…
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1. Subject of Dispute: Challenging the Ruling on Recognition of Creditors' Claims in Bankruptcy Case.
2. Main Arguments of the Court:
- The court clearly determined that rulings on recognition of creditors' claims in a bankruptcy case cannot be appealed separately from the court's decision.
- The appellate court erroneously refused to open proceedings, referring…
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1. Subject of Dispute: Recognition of Additional Agreements to Land Lease Contracts as Concluded and Renewal of Lease Legal Relations.
2. Main Arguments of the Court:
- Non-preparation of agrochemical passports for land plots constitutes improper performance of contractual obligations
- This prevents soil condition monitoring and creates risks of soil contamination
- Such circumstances make…
Case No. 991/6770/23 dated 10/03/2025
Subject of Dispute: Clarification of a court decision regarding the recovery in state revenue of an apartment recognized as an unjustified asset.
Main Arguments of the Court: First, the court decision dated 24.07.2024 is clear, motivated, and does not require additional clarification. Second, the representative of the defendant's statement is essentially aimed…
Subject of Dispute: Review of a Court Decision Based on Newly Discovered Circumstances in a Case Concerning Debt Recovery under a Credit Agreement.
Main Arguments of the Court: The Supreme Court established that the district court decision of June 13, 2014, regarding the claims against PERSON_2 was not modified by the appellate court, therefore, the application…
Subject of Dispute: Invalidation of a Land Plot Sale and Purchase Agreement, which was Concluded under the Influence of Severe Life Circumstances.
Main Arguments of the Court:
1. To declare a transaction invalid under Article 233 of the Civil Code of Ukraine, a combination of conditions is necessary: the presence of a severe circumstance and the conclusion…
Here is the translation:
1. Subject of Dispute: Recognition of the order on land plot lease as illegal and recovery of a land plot located within the landscape reserve "Pryorilskyi".
2. Main Court Arguments:
- The disputed land plot belongs to the nature reserve fund lands and is located within the landscape reserve of national significance "Pryorilskyi"
- The…
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Subject of Dispute: Recognition of the Dismissal of a State Enterprise Director as Illegal Due to Revocation of State Secret Clearance
Key Court Arguments:
1. The dispute regarding the dismissal of an employee under paragraph 2 of part one of Article 40 of the Labor Code of Ukraine (due to revocation of state secret…
Subject of Dispute: Return of a Forestry Land Parcel Illegally Alienated from State Ownership.
Main Court Arguments:
1. The court established that the forestry land parcel was illegally transferred from state ownership to private individuals through a series of consecutive legal transactions.
2. The court concluded that the most effective method of protecting the state's right is a…
Subject of Dispute: Recognition of a Garden House as Joint Marital Property and Division of Property after Divorce.
Key Court Arguments:
The court fundamentally changed its approach to interpreting the marriage contract. The key arguments are that the parties in the marriage contract clearly agreed on a separate property regime acquired during the marriage. The court emphasized…
Analysis of the Court Decision:
1. Subject of Dispute: Partial invalidation of inheritance certificates and recognition of ownership rights to a part of a residential house and an unauthorized extension.
2. Main Arguments of the Court:
- The plaintiff claimed that the notary unjustifiably included her share of the house and unauthorized extension in the inheritance estate
- The…
Subject of Dispute: A Military Serviceman Challenges the Decision of the Ministry of Defense Commission Regarding Refusal to Provide a Service Apartment for Permanent Residence.
Main Arguments of the Court:
The Supreme Court considers that a jurisdictional conflict arose between administrative and civil proceedings in this case. Previous court decisions violated the plaintiff's right of access to…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of the mortgagee's (PrivatBank) right to real estate and foreclosure of the mortgaged property due to the debtor's failure to fulfill credit obligations.
2. Main Arguments of the Court:
- The credit agreement from 2007 remains valid, the debtor has not fulfilled their obligations
- Alienation…
Subject of Dispute: Issuance of an Enforcement Order for Compulsory Execution of an Arbitration Court Decision on Debt Recovery from an Individual.
Main Arguments of the Court: The Supreme Court thoroughly analyzed the debtor's status and concluded that he remains a resident of Ukraine, as he has a registered place of residence in Ukraine, is a…
Subject of the Dispute: Recovery of Unjustly Acquired Funds from LLC "Ukrainian Financial Operations" in Favor of the Plaintiff.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly returned the appellate complaint, as the electronic power of attorney formed in the "Electronic Court" subsystem is a full-fledged document confirming the representative's…
Subject of Dispute: Eviction of PERSON_2 and her minor children from an apartment owned by PERSON_1 following foreclosure on the mortgage subject.
Main Arguments of the Court:
1. The court established that the defendants moved into the apartment after the mortgage agreement was concluded without the mortgagee's permission, which violates the requirements of Article 9 of the…