Subject of the Dispute: Recognition of Ownership Right to a Part of a Residential House and Its Recovery from the Current Owner through Inheritance.
Main Arguments of the Court:
1. The plaintiff is an heir to 1/3 part of the residential house after the death of her father, who previously inherited the property from his father.
2. The…
Case No. 916/1294/21 dated 29/01/2025
Subject of Dispute: Invalidation of the Decision of the General Meeting of the OSBB "ZhK Luxembourg" dated 07.04.2017 on Approval of Membership Fees for House and Adjoining Territory Maintenance
Main Arguments of the Court:
- The OSBB Statute does not provide specific requirements for the number of votes to make a decision on…
Subject of the dispute - the legality of the Main Pension Fund of Ukraine's refusal to grant a service pension to an individual.
The court was guided by the following key arguments: firstly, the person applied for pension assignment after 19.02.2022, when changes to the pension calculation procedure came into effect; secondly, from this moment, pension…
Subject of the Dispute: Claim by PERSON_1 for reinstatement at work after dismissal from the Social Insurance Fund Management in connection with its reorganization.
Main Arguments of the Court: The Supreme Court established that as a result of the reorganization of the Social Insurance Fund by merging with the Pension Fund of Ukraine, a specific public…
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Subject of Dispute: Invalidation of Dispositions on Transfer of Land Plots of a Former Educational Institution to Citizens.
Main Arguments of the Court:
1. The land plot of 70 hectares was in permanent use by the educational institution since 1989.
2. Over time, parts of the land plot totaling 38.1 hectares were withdrawn.
3. The court…
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Subject of Dispute: Payment of Deceased Husband's Unpaid Pension to His Wife.
Main Arguments of the Court:
1. Legislation provides a special legal regime for social payments of a deceased person that were not received during their lifetime.
2. If a family member applies for payment within 6 months after the pensioner's death, such funds…
Subject of the Dispute: Declaring Unlawful and Cancelling the Dismissal Order, Reinstatement in Position, and Recovery of Wages for the Period of Forced Absence of an Employee of the Social Insurance Fund of Ukraine.
Main Arguments of the Court:
1. The dispute concerns public legal relations, as the plaintiff seeks reinstatement in a position in an agency…
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Subject of Dispute: Reinstatement to the Position of School Principal and Recovery of Average Earnings for the Period of Forced Absence.
Key Arguments of the Court:
1. By the Decision of the Constitutional Court of Ukraine dated February 7, 2023, the provision on concluding fixed-term employment contracts with pedagogical workers of retirement age was…
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1. Subject of Dispute: Recognition of the illegal transfer of a forestry land plot into private ownership and its return to the state.
2. Main Arguments of the Court:
- The prosecutor cannot represent the interests of a state enterprise in court
- Declaring decisions and agreements invalid is not an effective method of protecting…
Subject of Dispute: Challenging the Actions of the Pension Fund Regarding Refusal to Conduct Pension Indexation Using Coefficients of Average Wage Increase.
Main Arguments of the Court:
1. Legislation provides for annual pension indexation by increasing the average wage indicator.
2. The Court considers that Procedure No. 124 partially contradicts the Pension Provision Law, as it establishes a…
Subject of Dispute: The Prosecutor's Office challenges the minutes of the State Commission on Mineral Reserves and the special permit for subsoil use issued to LLC "Granite Blacksi".
Main Court Arguments: The Supreme Court considers that a change in judicial practice regarding the procedural capacity of the prosecutor is not a valid reason for restoring an…
Subject of the Dispute: Recognition of the Pension Fund's Refusal to Recalculate Pension for a Person Affected by the Chornobyl Disaster as Unlawful, and Obligation to Perform Pension Recalculation in Accordance with the Previous Version of the Law.
Main Arguments of the Court: The Supreme Court established that the 2021 version of the law sets lower…
Subject of Dispute: Imposing Joint and Several Liability on the Director of LLC "Telecommunication and Information Systems" for Untimely Bankruptcy Petition.
Main Arguments of the Court:
The court established that to impose joint and several liability on the debtor's director, it is necessary to clearly determine the amount of such liability and claim recovery of a specific…
Subject of Dispute: Recovery from PrivatBank of 1,400,000 UAH in lease payments made under a financial leasing agreement that was terminated.
Key Court Arguments:
1. The financial leasing agreement is a mixed contract and includes elements of lease and sale.
2. Part of the lease payments is essentially a prepayment for property that was to be transferred to…
Case No. 916/2749/23 dated 05/02/2025
Subject of Dispute: Invalidation of real estate and land plot sale and purchase agreements between LLC "Financial Company "Central Capital" and LLC "Sauspalm".
Main Court Arguments:
1. The plaintiff (LLC "Rubicon-II") filed a claim to invalidate the agreements without claiming restitution, which makes the chosen method of protection ineffective.
2. Invalidating agreements without returning…
Subject of Dispute: Return of Overpaid Corporate Income Tax Funds Amounting to 325,842,416.84 UAH and Accrued Penalty.
Main Court Arguments:
The Supreme Court revealed systemic procedural violations in the decisions of previous instances. The courts did not verify key case circumstances: firstly, whether the disputed amount can be considered overpaid, secondly, whether there is indeed no tax…
Subject of Dispute: Review of Sentence Regarding a Person Who Committed Several Thefts in Various Stores in the City of Brovary.
Main Arguments of the Court: The Supreme Court established that due to changes in legislation (Law No. 3886-IX), several episodes of theft by PERSON_7 are no longer considered criminal offenses due to the low value…
Subject of the Dispute: Recovery of Credit Debt from an Individual in Favor of "Bright Investment" Company under a Contract Concluded with OTP Bank.
Main Arguments of the Court: The Supreme Court considers that the appellate court incorrectly returned the appellate complaint due to the formal absence of a signature on the lawyer's warrant. The court…
Subject of Dispute: Recognition of Supplementary Agreement No. 5 dated 03.06.2024 to the Individual Natural Gas Purchase and Sale Contract.
Main Arguments of the Court:
The Supreme Court considers that the bank's prohibition to make payments under bank guarantees is not directly related to the subject of the claim, violates the rights of the bank and the…
Subject of Dispute: Invalidation of the Contract for Biological Cleaning of the Inlet Canal and Water Body Release.
Main Court Arguments:
The court established that the contract is a simulated transaction that actually conceals the transfer of a land plot with a water body for fishery purposes. The Kilia Interdistrict Water Management Department did not have the…