Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Return of an Advance Payment and Issuance of Resolutions on Additional Enforcement Proceedings Expenses.
Main Arguments of the Court: The Supreme Court established that the case is subject to consideration under administrative court proceedings, as it concerns challenging the actions of a private executor…
Here is the translation:
1. Subject of Dispute: Application for Securing a Claim Prior to Filing a Claim Regarding Division of Marital Property, Specifically an Apartment, Automobile, and Property of Joint Entrepreneurial Activity.
2. Main Arguments of the Court:
- The Pechersk District Court did not have the right to consider the application for securing a claim, as…
Subject of Dispute: A person challenges the Pension Fund's decision to refuse to assign them an old-age pension on general grounds with a new calculation of average salary.
Main Court Arguments: First, Article 13 of the Pension Provision Law provides not a separate type of pension, but preferential conditions for assigning an old-age pension. Second, a…
Subject of Dispute: A person challenges the Pension Fund's refusal to grant them an old-age pension on general grounds with a new calculation of average salary.
Main Court Arguments: The Supreme Court for the first time changed its previous legal position and indicated that a person who is already receiving an old-age pension on preferential terms…
Subject of Dispute: Recognition of Ownership Right to a Part of a Residential House by Acquisitive Prescription.
Main Arguments of the Court:
1. The Court of Appeal incorrectly assessed the evidence regarding PERSON_4's residence in the disputed premises, without examining all submitted documents and not clarifying the legal basis for their settlement.
2. The Court of Appeal did…
Subject of the Dispute: Dispute regarding the inclusion of claims by the Main Directorate of the Pension Fund of Ukraine in Kyiv in the register of accepted creditor claims during the liquidation of the Joint Stock Company "Ukrainian Construction and Investment Bank".
Main Arguments of the Court: The Supreme Court established that this dispute is not…
Subject of Dispute: Recovery of Penalties and Fines Imposed by the Antimonopoly Committee of Ukraine on LLC "Alternative Energy Resources" for Anti-Competitive Concerted Actions, after the Company's Bankruptcy Declaration.
Main Court Arguments: The Supreme Court established that after the initiation of bankruptcy proceedings, the accrual of any economic sanctions is terminated, regardless of their type. The…
Here is the translation:
1. Subject of Dispute: Omega Terminal S.A. Company challenges the property lease agreement, claiming it was signed by an unauthorized person.
2. Key Court Arguments:
- Interim measures cannot be identical to resolving the dispute on its merits
- There is a presumption of the contract's legitimacy
- Prohibiting contract performance effectively interferes with the defendant's…
Subject of Dispute: Recognition of Bankruptcy of Private Enterprise "Rentservice-MSL" based on the application by LLC "Yacht-Marine Club".
Main Arguments of the Court:
1. During the period of martial law, there is a temporary prohibition on forced collection of overdue creditor indebtedness from enterprises acquired through privatization.
2. The creditor does not have the right to demand debt…
Case No. 990/8/24 dated 13/02/2025
Subject of Dispute: Challenging the Decree of the President of Ukraine on Imposing Sanctions against an Individual and a Company.
Main Arguments of the Court:
1. The President of Ukraine acted within his constitutional powers, exercising the state's right to protect national interests and security.
2. Sanctions were imposed based on proposals from the…
Subject of Dispute: Dispute regarding non-inclusion of certain monetary components in the monthly monetary allowance of a police officer upon dismissal.
Main Arguments of the Court:
1. The court drew attention that the respondent did not provide evidence of the plaintiff receiving a written notification about the accrued amounts upon dismissal, which is a mandatory condition under…
Subject of Dispute: Challenging the Decision of the High Council of Justice on Dismissal of Judge PERSON_1 from the Position of Judge of the Obolon District Court of Kyiv City on the Grounds of Committing a Significant Disciplinary Misconduct.
Main Arguments of the Court:
1. The decision to dismiss the judge was made by a legitimate composition…
Subject of Dispute: Return of the appeal complaint of "Garant LTD 1" company due to an alleged missed deadline for rectifying deficiencies.
Main Arguments of the Court: The Supreme Court established that the appellate court unjustifiably returned the appeal complaint, as the company submitted an application for rectifying deficiencies within the prescribed time limit through a…
Subject of Dispute: Termination of Criminal Proceedings against a Person Who Committed Violent Actions against a Former Cohabitant.
The court's main arguments are as follows: 1) the crime was committed in the context of domestic violence, as the person committed unlawful actions against a former cohabitant with whom they have a common child; 2) the indictment…
Here is the translation:
1. Subject of Dispute: Claiming land plots from illegal possession of LLC "Agrofirma "DIM" in favor of Bila Tserkva City Council.
2. Main Arguments of the Court:
The court established that land plots of the former Collective Agricultural Enterprise named after Lenin were not distributed among the enterprise members. The decision on reforming the…
Analysis of the Court Decision:
1. Subject of Dispute: Challenging the actions of a state executor regarding the initiation of enforcement proceedings for recovery of 58,862.40 UAH from the Main Pension Fund Department in Poltava Oblast.
2. Key Court Arguments: The court established that since the debtor is a state body, the execution of the court decision…
Subject of Dispute: Application of Statute of Limitations for Execution of Conviction and Sentencing under Cumulative Sentences.
Main Arguments of the Court:
1. The statute of limitations for executing a conviction is imperative and terminates criminal legal relations between the state and the convicted person.
2. To release a person from serving punishment due to the expiration of…
Here is the translation:
1. Subject of Dispute: Determination of the order and amount of creditor claims of LLC "FC "Paradise Finance" in the case of an individual's insolvency.
2. Main Arguments of the Court:
- The Court of Appeal improperly changed the order of creditor claims by "correcting a clerical error", which essentially amounts to changing the…
Subject of Dispute: The Prosecutor Attempted to Declare the Transfer of a Land Plot to Private Ownership Illegal and Return It to Communal Ownership.
Main Arguments of the Court:
1. The Court considers that the prosecutor chose an inappropriate method of protecting the right - instead of vindication (claiming property), he requested to declare the decisions illegal…
Subject of the Dispute: Claiming a land plot with an area of 1.2144 hectares with cadastral number 6823680300:02:001:0141 from LLC "A.T.K." in the interests of the Polonka City Council.
Main Arguments of the Court: The court established that the land plot was transferred contrary to legislation, as it is part of the lands subject to conservation…