The case concerns criminal proceedings for intentional grievous bodily harm that caused the victim's death. The court thoroughly analyzed the grounds for applying Article 69 of the Criminal Code of Ukraine (imposing a milder punishment) and concluded that the appellate court improperly substantiated the reduction of punishment, especially considering the irreparable consequences in the form…
Subject of Dispute: Cassation Appeal of a Sentence Regarding a Person Who Committed Theft by Breaking into Premises and Threatened Police Officers during Detention.
Main Arguments of the Court: First, the court recognized that a threat to police officers during the performance of their official duties is a completed crime, regardless of their recognition as victims.…
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1. Subject of Dispute: Challenging the NCEPU resolution on imposing a fine and order to eliminate violations of license conditions for PJSC "Cherkasy Khimvolokno".
2. Main Court Arguments:
- NCEPU does not have the authority to establish accounting rules
- NCEPU Resolution dated 17.01.2023 No. 102 is not an act changing accounting standards
- Order on…
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1. Subject of Dispute: Challenging the decision of the Dnipro City Council on approving the land management project regarding the establishment of boundaries of the water object "expanded water area of HPK Moskovskyi".
2. Main Arguments of the Court:
- The concept of "expanded water area of HPK" is…
Subject of Dispute: Qualification of Actions of a Person Who Committed Thefts in Summer Houses Totaling No More Than 2 Non-Taxable Minimum Incomes of Citizens.
Main Arguments of the Court: The Supreme Court indicated that the appellate court incorrectly closed the criminal proceedings, since the act was committed with penetration into premises, which provides grounds to…
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Brief Analysis of the Court Decision:
1. Subject of Dispute: Challenging the orders of dismissing police officer PERSON_1 from service due to committing a disciplinary offense.
2. Main Court Arguments: The court deviated from previous practice, which previously provided a more lenient approach to service investigations.
- The disciplinary offense consisted of the plaintiff:
a) unjustifiably…
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Brief Analysis of the Court Decision:
1. Subject of Dispute: Dispute regarding the legitimacy of charging a fee for electricity transmission during its export.
2. Main Arguments of the Court:
- The court noted that the disputed legal relations arose after amendments to the Transmission System Code, which provided for the mandatory payment of transmission…
Subject of the Dispute: The Prosecutor Attempts to Invalidate the State Certificate for a Forest Fund Land Plot and Reclaim It for State Ownership.
Main Court Arguments:
1. The Court established that the land plot was illegally withdrawn from state ownership as a result of criminal actions by local council officials in 2003.
2. The Court deviated from…
Subject of Dispute: Invalidation of an Additional Agreement to a Supply Contract for Crushed Stone and Sand Mixture and Recovery of Excess Budgetary Funds.
Main Arguments of the Court: The Supreme Court considers that the previous judicial instances did not properly investigate the circumstances of the case. Firstly, the expert opinion on price fluctuations has significant…
No new decisions were published today
No new decisions were published today
Case No. 937/4169/20 dated 06/02/2025
The court, when rendering its decision, was guided by the fact that: 1) the conclusion of the post-mortem forensic psychiatric examination indicated only that the disease 'significantly influenced' but did not exclude the ability to understand one's actions; 2) medical documents testified to the clear consciousness of the patient; 3) the…
Case No. 927/1128/23 dated 29/01/2025
The court found that since civil protection facilities could not be privatized under the law, their transfer to private ownership was illegal. At the same time, the court decided that the appropriate method of protecting state rights in such cases is a negatory claim (requirement to remove obstacles to property use),…
The court was guided by the fact that after amendments to the legislation in February 2022, preferential service years can only be taken into account for determining the pension amount, but not for its assignment. For pension assignment, a calendar service of 25 years is specifically required, which the plaintiff did not have (had only…
Subject of the dispute - challenging the refusal of the Ministry of Defense of Ukraine to grant a one-time monetary assistance due to a change in disability group from III to II. The court was guided by the following: 1) the restriction on assistance payment only within two years after the initial disability determination contradicts…
The court was guided by the fact that after the Law No. 3886-IX came into force, the boundaries of criminal liability for petty theft changed - they are now considered an administrative offense if the amount stolen does not exceed 2 non-taxable minimum incomes of citizens. Since in most episodes the amount stolen was less…
Subject of the dispute - appealing a court verdict regarding the conviction of a person for theft of 750 hryvnias during martial law. The court in making its decision was guided by the following: 1) a new law came into force that raised the threshold value of property for qualifying theft as a criminal offense;…
Case No. 923/69/22 dated 30/01/2025
When rendering the decision, the court was guided by the fact that the amount of legal assistance expenses must be proportionate to the complexity of the case, the volume of services provided, and comply with the criteria of reasonableness. The court took into account that the response to the cassation complaint…
The cassation instance court established that the appellate court incorrectly applied the procedural law norms when it revoked the first instance court's ruling on leaving without consideration the application for review of the заочне (in absentia) decision. The Supreme Court pointed out that the applicant's representative did not prove the existence of objective insurmountable difficulties…
The court was guided by the fact that the territorial community is not the owner of the inherited property and has no grounds for its recovery as a non-possessing owner. By analogy with the law (Article 1280 of the Civil Code of Ukraine), in the case of alienation of inherited property to a bona fide…