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Case No. 820/2867/16 dated 13/02/2025

Here is the translation: 1. Subject of Dispute: Challenging tax notifications-decisions regarding additional tax liabilities for natural gas purchase transactions between KP "Kharkiv Heating Networks" and LLC "Ukrainian Oil and Gas Company". 2. Main Arguments of the Court: - Primary documents confirm the reality of economic transactions - The controlling authority did not prove intentional fictitious nature of transactions -…

Case No. 520/7743/24 dated 13/02/2025

Subject of Dispute: A person challenges the Pension Fund's decision to refuse the appointment of an old-age pension on general grounds with a new calculation of average salary. Main Arguments of the Court: The Supreme Court deviated from previous practice and established that a person who is already receiving an old-age pension on preferential terms is…

Case No. 639/531/17 dated 05/02/2025

Subject of Dispute: Invalidation of Apartment Donation Agreements between Relatives with the Purpose of Avoiding Debt Obligations. Main Arguments of the Court: The Supreme Court drew attention that the courts of previous instances incorrectly assessed the circumstances of the case. Firstly, the donation agreements were concluded simultaneously with the registration of inherited property and 15 days after…

Case No. 280/2416/19 dated 12/02/2025

Subject of Dispute: Magnus-Mix Company challenges the actions of the tax authority regarding the suspension of tax invoice registration and cancellation of VAT taxpayer status. Main Arguments of the Court: The Supreme Court considers that previous court decisions are premature and do not contain a comprehensive analysis of the case circumstances. The courts did not examine…

Case No. 120/6996/24 dated 13/02/2025

Subject of Dispute: Challenging the Enforcement Officer's Resolutions on Seizure of Funds from a Bank Account of a Person Who Is Not a Debtor in Enforcement Proceedings. Main Arguments of the Court: The Supreme Court established that the plaintiff is not a party to the enforcement proceedings, and therefore has the right to challenge the actions…

Case No. 520/16200/23 dated 13/02/2025

Subject of the Dispute: The prosecutor filed a lawsuit demanding that the housing and communal services enterprise "Donetske" bring the anti-radiation shelter No. 76002 into proper technical condition. Main Arguments of the Court: The Supreme Court established that the State Emergency Service (SES) body does not have an independent right to file a lawsuit with such…

Case No. 400/5882/23 dated 14/02/2025

Here is the translation: 1. Subject of Dispute: Challenging a tax notification-decision on accrual of penalties for violation of settlement terms in foreign economic activity amounting to 4,085,975.74 UAH. 2. Key Arguments of the Court: The Supreme Court formulated a fundamentally important conclusion that the moratorium on conducting documentary inspections provided by the Tax Code does not apply…

Case No. 534/1577/18 dated 11/02/2025

Subject of Dispute: Appeal of the Appellate Court Judgment Regarding the Conviction of PERSON_7 for Drug Trafficking. Main Arguments of the Court: 1. The Appellate Court violated the principle of direct examination of evidence by referring to evidence that was not directly examined by it. 2. The Appellate Court unjustifiably recognized the powers of the investigator PERSON_9, as…

Case No. 917/2033/21 dated 04/02/2025

Here is the translation: 1. Subject of Dispute: Declaring the state registration of private ownership rights by JSC "Ukrposhta" for a non-residential premises previously owned by the state as illegal. 2. Main Arguments of the Court: - Corporatization of a state enterprise is not privatization - Transfer of property to the authorized capital of a joint-stock company does not…

Case No. 750/3031/20 dated 12/02/2025

Subject of Dispute: The apartment owner challenges the purchase and sale agreements and attempts to recover the apartment, claiming that the agreements were concluded without her will. Main Arguments of the Court: 1. A forensic handwriting examination proved that the signature on the purchase and sale agreement dated November 29, 2019, does not belong to the apartment…

Review of Ukrainian Supreme Court’s decisions for 17/02/2025

Case No. 9901/136/21 dated 12/02/2025 Subject of the dispute - challenging the decision of the High Council of Justice by a person who was apparently dissatisfied with a certain administrative decision of this body. The court carefully analyzed the plaintiff's arguments and concluded that there are no sufficient grounds for satisfying the claim. The panel of judges…

Case No. 620/18801/23 dated 12/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the refusal of the Main Directorate of the National Police in Chernihiv Oblast to credit privileged years of service to the plaintiff for pension calculation based on length of service. 2. Key Court Arguments: - The court changed its previous legal position regarding the crediting of privileged years of…

Case No. 910/19061/21 dated 11/02/2025

Here is the translation: 1. Subject of Dispute: Invalidation of the Antimonopoly Committee of Ukraine's decision recognizing the audit firm as a participant in anti-competitive concerted actions during bidding. 2. Key Court Arguments: The Supreme Court indicated that investigating an antimonopoly case for 9 years without objective reasons violates the rule of law principle. The court noted that: -…

Case No. 420/10142/24 dated 12/02/2025

Subject of Dispute: Limited Liability Company "Aritox" challenges the tax authority's decision to refuse registration of a tax invoice in the Unified Register of Tax Invoices. Main Arguments of the Court: The Supreme Court considers that the appellate court showed excessive formalism in examining the case. First, the tax authority initially filed an appeal within the…

Case No. 944/6062/23 dated 12/02/2025

Subject of the Dispute: Declaring the Marriage between the Plaintiff's Deceased Son and the Respondent, Registered on March 25, 2022, as Not Concluded. Main Arguments of the Court: The Supreme Court established that the application for securing the claim was filed improperly - via email, rather than through the "Electronic Court" subsystem, contrary to the new…

Case No. 520/24195/21 dated 13/02/2025

Subject of the dispute - challenging a tax notification-decision on additional VAT assessment for the farm enterprise "Alliance" for transactions with counterparties. Main arguments of the court: the controlling authority considers the economic transactions to be fictitious, but the courts of previous instances did not conduct an in-depth analysis of the reality of these transactions. The…
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