Subject of Dispute: Termination of Emphyteusis Agreement (Right to Use Agricultural Land) Due to Non-Payment by the User.
The court, in examining the case, was guided by the fact that emphyteusis is one of the most robust property rights after ownership, which is independent and separate from the agreement establishing it. The grounds for terminating emphyteusis…
The court noted that advocacy is carried out on the basis of a legal assistance agreement, and although the Civil Procedure Code of Ukraine does not specify the agreement as a document for confirming powers, this does not exclude the lawyer's right to confirm their powers precisely by such an agreement. The court also emphasized…
Case No. 909/1218/15 dated 14/01/2025
The court established that during construction, significant violations of construction norms were committed - access to the gas pipeline was blocked, load on the neighboring house's roof was increased, fire prevention barriers were absent, chimney pipes were in the wind pressure zone, and evacuation exit was limited. Additionally, construction was carried…
Case No. 473/1381/22 dated 14/01/2025
Subject of Dispute: Appealing a court verdict against a person convicted of premeditated murder for mercenary motives and robbery.
The court was guided by the following main arguments: 1) the defendant's guilt is confirmed by a set of evidence, including forensic and molecular genetic examination results, witness testimonies, and surveillance camera recordings;…
Subject of the dispute is the legality of criminal prosecution for theft of property worth less than 2,684 hryvnias under changing legislation. The court was guided by the fact that on August 9, 2024, Law No. 3886-IX came into effect, which raised the threshold value of property for qualifying theft as a criminal offense. The…
Case No. 915/317/21 dated 15/01/2025
The court, when rendering its decision, was guided by the fact that the Ministry of Defense of Ukraine was aware of the legislative violations in the contract conclusion since 2016, as it had all possibilities to verify its legality through the subordinate Main Control and Audit Inspection. The court also noted…
Case No. 522/13795/22 dated 15/01/2025
The cassation court found that the appellate court did not provide proper assessment of the defense's version regarding the convict's non-involvement in the crime, did not properly verify the defense's evidence concerning bodily injuries inflicted on the victim by another person, and also overlooked the key witness's statement about providing false…
The court in its decision was guided by the fact that although Article 294 of the Code of Administrative Proceedings of Ukraine does not directly provide for the possibility of appealing such a ruling, its provisions should be interpreted taking into account the possibility of protecting an individual's rights. Since the ruling on the renewal…
Subject of the dispute is the consideration of the prosecutor's application for securing the claim by imposing an arrest on funds and shares in the authorized capital of LLC "Imperia Azartu" to recover debt for gambling licenses.
The court was guided by the fact that when considering an application for securing a claim, it is not…
Subject of the dispute is challenging the decisions of the first and appellate instance courts regarding recovery of moral damages from the driver who caused a traffic accident involving the victim. The court was guided by the fact that at the time of the accident, the driver's civil liability was insured with an insurance company,…
Subject of the dispute is the prosecution's appeal against the first instance court and appellate court judgment in criminal proceedings concerning PERSON_7 under Part 2 of Article 125 of the Criminal Code of Ukraine (intentional minor bodily injury). The court established the existence of inconsistent application of legal norms in similar legal relations, which requires…
No new decisions were published today
No new decisions were published today
Case No. 404/1319/23 dated 09/01/2025
The cassation instance court found that the appellate court made significant procedural law violations, as it did not provide proper assessment of all arguments in the convict's appeal, did not substantiate the refusal to re-examine evidence, and did not consider objections to the first instance court's ruling on refusing to return…
Subject of the dispute - challenging the remarks of the Lviv Mayor to the city council resolution on changing the land plot's intended purpose. The Supreme Court deviated from previous practice and indicated that the mayor's remarks to council decisions cannot be a subject of judicial review, as these are his discretionary powers. The Court…
The court took into account that after amendments to the Code of Administrative Offenses dated 09.08.2024, the threshold value of property for qualifying theft as a criminal offense was increased. Since in most episodes the value of the stolen property did not exceed the established threshold, these actions are no longer considered criminal offenses. The…
Case No. 174/488/24 dated 10/01/2025
The court was guided by the fact that establishing labor experience should be carried out in an out-of-court procedure through the bodies of the Pension Fund of Ukraine. Such facts are not subject to judicial determination, and the decision of the Pension Fund can be appealed in the manner prescribed by…
Subject of the dispute - appealing a court verdict regarding the conviction of a person for theft of goods from stores with a total value of approximately 1,700 hryvnias during martial law. When making the decision, the court was guided by the fact that after the issuance of the challenged decisions, a new law No.…
The court was guided by the fact that the list of rulings that can be appealed separately from the court's decision is defined in Article 255 of the Commercial Procedural Code of Ukraine. In this regard, the Grand Chamber of the Supreme Court concluded that paragraph 14 of part 1 of Article 255 of the…
Case No. 910/21682/15 (910/17038/21) dated 20/12/2024
The court concluded that the state enterprise does not have the right to file a claim for recognition of state ownership and cancellation of municipal property registration, as such claims are aimed at protecting the state's rights, not the enterprise's rights. Such a claim can only be filed by an…