Subject of the dispute - the legality of convicting a person for theft of property worth 709.16 hryvnias during martial law. The court was guided by the fact that on August 9, 2024, Law No. 3886-IX came into force, which changed the thresholds for administrative and criminal liability for theft. The United Chamber of the…
Subject of the dispute is the legality of convicting a person for theft of goods from ATB supermarkets for amounts of 492.87 UAH and 865.76 UAH during martial law. The court was guided by the fact that according to the new Law No. 3886-IX and the Tax Code of Ukraine, criminal liability for theft in…
No new decisions were published today
No new decisions were published today
Case No. 201/1971/23 dated 15/01/2025
The court of first instance satisfied the complaint of KEU and canceled the state executor's resolutions, as KEU is a budgetary institution and the decision to recover funds from it must be executed by treasury bodies. The appellate court agreed with this decision. However, during the case review, a significant procedural…
The court was guided by the fact that from January 1, 2017, legislation established a separate procedure for paying a one-time monetary assistance to conscripted servicemen - the right to such assistance arises only during the period of service or no later than 3 months after discharge. Since the plaintiff was declared disabled many years…
Subject of the Dispute: Challenging the Tax Authority's Demand for Payment of a Single Social Contribution Debt in the Amount of 30,332.50 UAH. The Court was Guided by the Following: 1) Paragraph 9-4 of Law No. 2464-VI did not cancel the obligation to pay the Single Social Contribution (SSC), but only provided an opportunity not…
The court was guided by the following considerations: 1) legislation does not provide for such a method of protection as compensation for moral damages for filing an appellate complaint in another case; 2) disagreement with the appellate complaint must be expressed in a procedural manner within the case in which it was filed; 3) the…
The cassation instance court noted that the lower courts did not take into account the unconstitutionality of the legal norm that provided for the conclusion of fixed-term contracts with retired teachers. The court emphasized that provisions of a normative legal act that contradict the Constitution cannot be applied by the court, regardless of the moment…
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…