Subject of Dispute: Recognition of the Pension Fund's Refusal as Unlawful to Grant a Pension for Length of Service to a Person Dismissed from the Penitentiary Service.
Main Court Arguments: The Supreme Court confirmed that for personnel of the penitentiary service, the preferential length of service calculation (one month of service counted as 40 days) is…
Subject of Dispute: Energy Plus LLC attempted to obtain a VAT budget refund in the amount of 9,686,612 hryvnias.
Main Arguments of the Court: The court established that the real estate purchase and sale agreements, based on which the Company formed a tax credit, were declared invalid by the economic court's decision. According to the Tax…
Here is the analysis of the court decision:
1. Subject of the dispute: Invalidation of the lease agreement for hard surface area of 56.58 m2 and obligation to vacate the land plot.
2. Main arguments of the court:
- Lease agreement may relate to hard surface as a separate individually defined property
- There are no indisputable evidence that…
Here is the translation:
1. Subject of Dispute: The Prosecutor's Office challenged the order of the Kharkiv District State Administration regarding the withdrawal of land plots from the state enterprise "Research Farm 'Kutuzivka'" and their transfer to lease to the private agricultural enterprise "Demetra".
2. Main Arguments of the Court:
- The disputed land plots are not particularly…
Case No. 712/12819/20 dated 28/02/2025
Subject of Dispute: Recognition of the real estate share sale and purchase agreement as invalid.
Main Arguments of the Court:
- The plaintiff was the owner of 11/100 shares of the real estate at the time of the agreement and provided personal written consent for the sale of 37/100 shares
- Her share was…
Subject of Dispute: Recovery of Expenses Related to Maintaining a Cadet at the Land Forces Academy Who Prematurely Terminated Studies.
Main Arguments of the Court: The Supreme Court established a technical error in the email address of the Land Forces Academy, which prevented the court from sending a notification to the academy about the need to…
Subject of Dispute: Challenging a Tax Notification-Decision on Imposing Penalties for Late Registration of Tax Invoices.
Main Arguments of the Court:
The Supreme Court clearly defined that Law No. 2876-IX does not have retroactive effect. Reduced penalties can only be applied to tax invoices drawn up and registered after its entry into force or to invoices whose…
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman from June 27, 2019, to January 24, 2023.
Main Arguments of the Court:
1. The Supreme Court drew attention to the change in the wording of Article 117 of the Labor Code of Ukraine from July 19,…
Here is the translation:
Subject of Dispute: Recovery of credit debt from an individual under a credit agreement concluded in 2007.
Key Arguments of the Court:
1. The bank did not comply with the mandatory pre-trial procedure for resolving the issue of early repayment of funds under a consumer loan, as provided by the law "On Consumer Protection".
2.…
Subject of Dispute: Invalidation of an Apartment Donation Agreement, which, in the plaintiff's opinion, should have actually been a Lifetime Maintenance Agreement.
Main Arguments of the Court:
1. The plaintiff is an elderly woman with a disability who entered into an apartment donation agreement with her son, believing it to be a lifetime maintenance agreement.
2. The court…
Subject of Dispute: Recognition of Immovable Property as a Subject of Mortgage under an Agreement between Legal Entities.
Main Arguments of the Court:
The Supreme Court established that this dispute is subject to consideration in an economic, rather than a civil court, as it concerns legal relations between legal entities related to a credit agreement and mortgage.…
Subject of Dispute: Challenging a Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices.
Main Arguments of the Court:
1. The Supreme Court revealed significant procedural violations in the decisions of previous instances, in particular, insufficient clarification of the case circumstances and reasons for late registration of tax invoices.
2. The courts of previous instances did…
Subject of Dispute: Invalidation of the Certificate of Inheritance Rights and Recognition of Ownership of a Portion of Inherited Property.
Main Arguments of the Court:
1. The court deviated from the previous position of the Supreme Court regarding inheritance terms and recognized that a three-year statute of limitations applies to claims for invalidation of the certificate of…
Here is the translation:
Subject of Dispute: Recovery of debt under the agreement for electric energy transmission services, including 3% per annum for payment delay.
Key Court Arguments:
1. According to Article 625 of the Civil Code of Ukraine, a debtor who has delayed a monetary obligation is obliged to pay 3% per annum from the delayed amount.
2.…
Subject of the Dispute: PrivatBank is attempting to invalidate real estate transactions and recover debt under a credit agreement.
Main Arguments of the Court:
The court pointed out that when determining the jurisdiction of the case, it is insufficient to use only the formal criterion of participants. The nature of legal relations is decisive. In this case,…
Here is the translation:
1. Subject of Dispute: Challenging the State Audit Service's conclusion regarding a violation of the procurement tender procedure.
2. Main Court Arguments:
- Regarding occupational safety certification: The court recognized that the chief engineer's documents fully comply with the tender documentation requirements.
- Regarding bank guarantee:
The court established that:
- The bank guarantee meets all necessary…
No new decisions were published today
No new decisions were published today
Here is the translation of the legal texts:
Case No. 914/1334/22 dated 18/02/2025
1. Subject of Dispute: Invalidation of the Ryasne-Ruska Village Council's decision to transfer a land plot into ownership of the garage construction cooperative "Pickup".
2. Main Arguments of the Court:
- The appellate court considers that the prosecutor's chosen method of protection (invalidation of the decision)…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging a tax notification-decision on a penalty for late registration of tax invoices in the Unified Register.
2. Main Arguments of the Court:
The Supreme Court essentially deviates from previous judicial practice and introduces a new interpretation of tax legislation application. The Court thoroughly examined the…