Subject of Dispute: Failure of the Solotvyn Village Council to fulfill the obligation to provide free meals for children from privileged categories.
Main Arguments of the Court:
1. The prosecutor filed a lawsuit in the interests of the state, however, the Supreme Court established that it actually concerns the protection of specific children's rights, rather than national…
Here is the translation:
1. Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Incorrect Pension Indexation.
2. Key Arguments of the Court:
The court established a fundamental difference between the norms of law and subordinate legal act regarding pension indexation. In particular, Procedure No. 124 provides for increasing the average salary indicator as of October…
Here is the translation of the legal analysis:
1. Subject of Dispute: The prosecutor attempted to challenge the inaction of authorities regarding the failure to provide free meals to children from internally displaced persons at a vocational school.
2. Main Arguments of the Court: The Supreme Court considers that this case concerns the protection of specific children's…
Subject of Dispute: A judge challenges the incorrect calculation of judicial remuneration for May 2024 using a reduced subsistence minimum.
Main Arguments of the Court:
1. The Law on Judicial System clearly defines that for calculating a judge's remuneration, the subsistence minimum as of January 1 of the calendar year (3,028 UAH) should be used, not an…
Here is the translation:
1. Subject of Dispute: Invalidation of a non-residential premises purchase and sale agreement, concluded between spouses during divorce without the consent of one of the spouses.
2. Main Arguments of the Court:
The Supreme Court changed previous judicial practice, indicating that the most effective way to protect property rights is not invalidating contracts,…
Here is the translation:
Subject of Dispute: The prosecutor challenged the decision of the Kharkiv City Council regarding the privatization of non-residential premises and their purchase and sale agreements.
Key Arguments of the Court:
1. Declaring the city council's decision invalid, which has already been executed, is not an effective method of protecting the territorial community's rights.
2. The…
Here is the translation:
1. Subject of Dispute: Criminal proceedings against People's Deputy PERSON_9, who was accused of illegally receiving housing rental compensation totaling 700,280 UAH.
2. Key Court Arguments:
- The apartment purchased by PERSON_9 in 2015 was not suitable for living until December 2018
- No evidence of intentional abuse of official position
- PERSON_9's actions corresponded to…
Here is the translation:
1. Subject of Dispute: Challenging the actions of a state executor regarding the initiation of enforcement proceedings in a territory included in the list of active combat zones.
2. Key Arguments of the Court:
- The legislative prohibition concerns the place of initiating enforcement proceedings, not the location of the debtor's registration
- The introduction…
Here is the translation of the legal analysis:
1. Subject of Dispute: Labor dispute regarding reinstatement of a locomotive driver PERSON_1 after his dismissal by JSC "Ukrainian Railways".
2. Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly terminated the proceedings in the case, since the previous decision on reinstatement was cancelled…
Subject of Dispute: Recovery of Debt under a Contract for Capital Road Repair from the Hostomel Village Council and Hostomel Village Military Administration.
Main Arguments of the Court:
1. The Appellate Court incorrectly established the circumstances of the case, in particular, it did not verify the parties' compliance with the contract terms regarding the definition of work…
Subject of Dispute: Recognition of Monetary Claims of the Creditor (LLC "Farsi") in the Bankruptcy Case of LLC "Refill".
Main Arguments of the Court:
1. The court established that when determining the status of creditor claims, the moment of claim origin should be taken into account, not the term of its execution.
2. Regarding the assignment of claim…
Subject of Dispute: Recognition of the Communal Enterprise's Inaction as Unlawful Regarding Maintenance of Civil Protection Shelter in Improper Technical Condition.
Main Court Arguments:
1. The Prosecutor does not have the right to replace the authorized state authority in implementing state supervision measures during martial law.
2. The State Emergency Service and the Regional Military Administration do not…
Here is the translation:
1. Subject of Dispute: Recognition of the actions of the Main Directorate of the State Geocadastre as unlawful regarding the change of land plot purpose on the Borzhava meadow and their lease to LLC "Atlas Volovets Energy" for wind power plant construction.
2. Main Court Arguments:
The court pointed out several fundamental violations in…
Subject of Dispute: Criminal Case Regarding a Person Who Committed Several Thefts and Illegal Intrusions into Private Possessions during Martial Law.
Main Arguments of the Court: The Court established that for one of the theft episodes (theft of a bicycle worth 950 hryvnias), criminal liability is absent due to changes in legislation that raised the threshold…
No new decisions were published today
No new decisions were published today
Case No. 712/8174/23 dated 18/02/2025
Subject of Dispute: Release from Criminal Liability of Investigator PERSON_8 due to Expiration of Statute of Limitations for Charges of Illegal Detention of Activists during 2014 Events
The court clearly determined that when releasing a person from criminal liability under Article 49 of the Criminal Code (expiration of statute of limitations), there…
Subject of Dispute: Declaring the Order on Suspension of Employment Contract Illegal and Recovering Average Earnings for the Period of Forced Absence.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly calculated the employee's average earnings by taking into account calendar days instead of working days. The court noted that when…
Here is the translation:
1. Subject of Dispute: The prosecutor filed a lawsuit demanding that the Narkevychi Village Council bring the protective structure - radiation shelter - to a state of readiness.
2. Main Court Arguments:
The Supreme Court concluded that the State Emergency Service does not have legally established powers to independently file lawsuits about bringing protective…
Here is the translation:
1. Subject of Dispute: Dispute regarding the calculation and payment of a pension to a person affected by the Chornobyl disaster, in the amount of 6 minimum old-age pensions.
2. Main Arguments of the Court:
The Supreme Court established that the law adopted in 2021 does not comply with the decision of the…