Subject of Dispute: Challenging a Court Decision Due to Violation of Territorial Jurisdiction Rules in a Criminal Case Involving Attempted Murder.
Main Arguments of the Court: First, determining jurisdiction is not always obvious before the case review begins. Second, if a jurisdictional violation is discovered after the judicial process has started, this is not an automatic…
Here is the translation of the legal analysis:
Case No. 460/9136/23 dated 10/03/2025
Here is the analysis of the court decision:
1. Subject of the dispute: Challenging the refusal of the Urban Planning and Architecture Department to extend the temporary structure placement passport for entrepreneurial activity.
2. Main arguments of the court:
- The temporary structure placement passport is not…
Subject of Dispute: Challenging the Decisions of the Political Party "Nash Krai" on Recalling a Local Council Deputy through a Popular Initiative.
Main Arguments of the Court:
1. The decision of the local party organization's meeting on proposing the recall of a deputy has a recommendatory nature and relates to the internal organizational activities of the party,…
Subject of Dispute: Invalidation of Peresichany Village Council Decisions on Transfer of Land Plots to Private Ownership and Cancellation of State Ownership Certificates.
Main Court Arguments:
1. Land plots transferred to private ownership were previously in state ownership and were assigned to the state enterprise "Berezivski Mineral Waters Sanatorium".
2. Village council decisions on termination of permanent land…
Subject of Dispute: PrivatBank attempted to recover funds that were collected from it in favor of a client within the framework of executing a court decision on deposit funds recovery.
Main Court Arguments:
1. The bank independently partially executed the court decision, withholding a portion of funds for tax payment, but the state executor legally collected the…
Subject of Dispute: Recognition of Paternity and Modification of Father's Information in the Birth Certificate
Key Arguments of the Court:
The court drew attention to a gap in legislation regarding the establishment of paternity when a biological father wants to recognize his paternity. The Supreme Court emphasized that depriving a man of the right to initiate a…
Here is the translation:
1. Subject of Dispute: Recognition of Pledge Transactions of Property Rights and Assignment of Claims as Void in a Case of Credit Debt Recovery.
2. Main Arguments of the Court:
The Supreme Court indicated that the appellate court prematurely reached a conclusion about partial satisfaction of claims without properly verifying the bank's arguments about…
Subject of Dispute: Determination of the Legal Nature of Changes to the List of Narcotic Substances and the Possibility of Applying Retroactive Effect of Law in a Criminal Case Regarding Illegal Cannabis Circulation.
Main Arguments of the Court:
1. Changes to the list of narcotic substances introduced by the Cabinet of Ministers' resolution do not constitute changes…
Subject of Dispute: Cassation Appeal of a Sentence against a Person Convicted of Illegal Sale of Psychotropic Substances.
Main Arguments of the Court: The Supreme Court deemed the evidence for the episode of October 24, 2022, inadmissible due to untimely entry of information into the Unified Register of Pre-trial Investigations, which made it impossible to prove…
Subject of Dispute: Initiation of Bankruptcy Proceedings for LLC "Rivne Agricultural Enterprise" based on the application by LLC "Spektr-Agro".
Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the decisions of previous instances, in particular, the issue of creditor's claim priority was not clearly investigated, and the circumstances regarding the presence/absence of…
Subject of Dispute: Return of Funds Paid to the State Budget under Canceled Tax Notifications-Decisions.
Main Arguments of the Court:
1. The disputed legal relations are of a public law nature, as they arose in the sphere of tax collection and relate to the return of tax payments.
2. The court rejected the plaintiff's arguments about applying the…
Subject of Dispute: Termination of Criminal Proceedings against PERSON_7 due to the Expiration of Pre-Trial Investigation Period.
Main Arguments of the Court: The court established that the courts of previous instances did not take into account the specifics of calculating pre-trial investigation periods during martial law. In particular, the criminal proceedings were initiated on October 21,…
Subject of the dispute - the correctness of the form of the appellate court's decision when excluding the pre-trial detention period from the final term of punishment.
The court changed its previous legal position regarding the form of the judicial decision. The main arguments include that the exclusion of the pre-trial detention period is not a…
Here is the translation:
1. Subject of Dispute: Challenging the refusal of the Urban Planning and Architecture Department to extend the temporary structure placement passport for entrepreneurial activity.
2. Main Court Arguments:
- The temporary structure placement passport is not a permit-type document, therefore the Cabinet of Ministers Resolution #314 on automatic document extension during martial law does…
Case No. 824/32/24 dated 06/03/2025
Subject of the dispute - recognition and permission to enforce the decision of the International Commercial Arbitration Court on recovering monetary funds from "Energoatom" in favor of the German company WK Energo GmbH.
The court carefully analyzed the arguments of the parties and concluded that Energoatom's appeal does not contain convincing grounds…
Here is the translation:
1. Subject of Dispute: Recovery of a tax debt from LLC "Promremmorstroi" for land lease payment in the amount of 284,555.58 UAH.
2. Main Arguments of the Court:
- The Company is registered in Mariupol and has a tax debt for land lease payment for the period from January 2018 to January 2019.
- The…
Subject of the Dispute: Claim by PERSON_1 against PJSC "Terra Bank" on consumer rights protection.
Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly closed the proceedings in the case, as they did not investigate the circumstances of legal succession of PJSC "Terra Bank". In particular, it was established…
Analysis of the Court Decision:
1. Subject of Dispute: Recovery of damages from the state budget due to unlawful seizure and sale of sunflower seeds from the 2018 harvest.
2. Main Court Arguments:
- The Prosecutor's Office and ARMA improperly arrested and sold 304.54 tons of sunflower seeds belonging to LLC "Agrofirma "Shabolat"
- The arrest order was canceled…
Here is the analysis of the court decision:
1. Subject of Dispute: The bank's right to challenge the ruling on closing proceedings in a natural person's insolvency case.
2. Main Arguments of the Court:
- The court confirmed the bank's right to challenge the judicial decision, as the debtor previously indicated the bank among its creditors
- The Supreme…
Subject of Dispute: Invalidation of Decisions of the General Shareholders Meeting of JSC "Chornomornaftogaz" and Recovery of Court Expenses.
Main Arguments of the Court: The Supreme Court established that the appellate court showed excessive formalism by returning the appeal of PJSC "Gaztek" due to the court fee being paid by another legal entity. The court emphasized…