Subject of the Dispute: Challenging the Refusal of the Ministry of Defense of Ukraine to Pay a Military Serviceman a One-Time Monetary Assistance upon Upgrading Disability Group from III to II after Two Years from the Initial Disability Determination.
The Court was guided by the fact that the statutory limitation of two years for the right…
The court was guided by the fact that since the plaintiff applied for pension assignment in 2023, when new rules for calculating service years were already in effect, these new rules requiring calendar service years should be applied to him. The court emphasized that the mere fact of dismissal from service in 2016 is not…
The subject of the dispute concerns the possibility of recovering procedural expenses from a person who was released from criminal liability due to the expiration of statute of limitations. The court, when rendering its decision, was guided by the fact that civil liability (including reimbursement of procedural expenses) does not violate the presumption of innocence,…
Case No. 947/10158/21 dated 05/12/2024
The court was guided by the fact that the owners carried out unauthorized reconstruction of the apartment by interfering with the load-bearing structures of the house - they dismantled part of the load-bearing wall and constructed an extension on the adjacent territory without the necessary permits. According to the expert's conclusion,…
Case No. 689/1249/22 dated 03/12/2024
Subject of the dispute - termination of a land lease agreement due to the transfer of ownership to an heir. The court was guided by the following: 1) the lease agreement conditions provided for the possibility of termination upon transfer of land ownership to another person; 2) the new owner (heir)…
Subject of the dispute - recalculation of pension for a former prosecutor and determination of its amount. The court was guided by the fact that after the new Law "On Prosecution" No. 1697-VII came into force, the pension should be recalculated at 60% of salary (instead of 70% as previously) and that such pensions are…
Subject of the Dispute: Termination of Land Lease Agreements and Their Return Due to Systematic Non-Payment of Rent by the Lessee.
The Court was guided by the following main arguments:
1. Paragraph "d" of Part One of Article 141 of the Land Code of Ukraine provides an independent and sufficient ground for terminating a land lease agreement…
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal from the Poltava City Council in Favor of the Former Village Head.
The Court noted that with the adoption of Law No. 2352-IX dated 19.07.2022, amendments were made to Article 117 of the Labor Code, which limited the period of…
Case No. 459/3471/23 dated 05/12/2024
Subject of the dispute - prosecutor's cassation appeal against the ruling of the Lviv Court of Appeal regarding a person accused under Article 336 of the Criminal Code of Ukraine (evasion of mobilization). Since this is only the operative part of the ruling, the court does not provide arguments for its…
Subject of the dispute - challenging the unlawful actions of a military unit regarding the withholding of military levy from a serviceman's monetary allowance during martial law.
The court was guided by the fact that until 19.07.2022, there were no restrictions on the terms of appealing to court regarding wage issues, and after this date, a…
The subject of the dispute concerns the correctness of closing the criminal proceedings due to the expiration of pre-trial investigation terms. The court was guided by the position of the United Chamber of the Cassation Criminal Court dated April 1, 2024, which stated that the period between the closure of criminal proceedings and the cancellation…
No new decisions were published today
No new decisions were published today
Case No. 463/1771/22 dated 26/11/2024
Subject of the dispute - challenging a court verdict of life imprisonment for murder with extreme cruelty. The court rejected the defense's arguments regarding violation of the right to a jury trial, as at the time of case consideration, the norm of collegial review by three judges was in effect. The…
The court was guided by the fact that persons who were granted a pension before the legislative amendments in 2017 retain the right to a supplement for excessive service length according to the old version of the law. Extending the new restrictive rules to such persons would be an unconstitutional narrowing of their rights. In…
Case No. 455/338/20 dated 27/11/2024
The cassation court found that the appellate court did not provide proper assessment of important defense arguments, particularly regarding the absence of road signs 'Populated Area', 'Pedestrian Crossing', and 'Unregulated Intersection' at the scene of the traffic accident. The issues of pedestrian crossing visibility, the cyclist's distance from the road edge,…
Case No. 916/5677/23 dated 03/12/2024
Subject of the dispute - challenging the decision of the Southern Interregional Territorial Office of the Antimonopoly Committee of Ukraine, which was adopted regarding LLC 'Kaniv-SGEM'. Since only the introductory and operative parts of the Supreme Court's resolution were provided, it is impossible to determine the specific arguments that guided the…
The court was guided by the following considerations: 1) the ruling on leaving the application for evidence preservation without consideration is not included in the list of rulings that can be appealed separately from the court's decision; 2) such a ruling does not impede further proceedings in the case; 3) the applicant is not deprived…
The court concluded that if information about a person who has the right to act on behalf of a legal entity is entered into the Unified State Register, this is sufficient to confirm their authority to act in court on behalf of the legal entity. The court should not require additional confirmation of such person's…
Subject of the dispute - the legality of convicting a person for an attempted theft of food products worth 308.46 hryvnias during martial law. The court was guided by the fact that on August 9, 2024, a new law came into effect, which raised the threshold value of property for criminal liability. The Joint Chamber…
