Subject of the Dispute: Recovery of Unjustifiably Retained Funds for Land Use.
Main Arguments of the Court:
1. The Appellate Court closed the proceedings due to jurisdiction rule violations, considering that the dispute should be heard in the commercial court.
2. The Court drew attention that closing proceedings due to jurisdictional issues is not grounds for automatic recovery…
Subject of Dispute: Challenging the Conclusion of the Eastern Office of the State Audit Service Regarding Violation of the Public Procurement Procedure for Vehicle Repair and Maintenance Services.
Main Arguments of the Court:
The Supreme Court considers that previous court decisions require review due to incomplete investigation of the case circumstances. Firstly, the courts did not establish…
Subject of Dispute: Recognition of the Land Plot Transfer as Illegal and Its Return to Communal Ownership.
Main Arguments of the Court:
1. The Supreme Court deviated from previous practice and recognized that changing the land use type within the same land category (from recreational purpose for recreational facilities to individual summer cottage construction) does not require…
Subject of Dispute: Recognition of Ownership Right to a Compulsory Inheritance Share by a Foreigner.
Main Arguments of the Court:
Firstly, the court fundamentally changed the approach to determining the disability status for foreigners in inheritance law. It clearly indicated that for a foreigner, the disability status should be determined by the legislation of their country of…
Subject of Dispute: Challenging the Order of the Prosecutor General dated 30.04.2021 No. 136 on Declaring Invalid Orders Regarding the Creation of Staffing Commissions for Prosecutor Selection.
Main Arguments of the Court:
1. The time limit for filing a lawsuit was correctly calculated from 20.10.2021, when the plaintiff became aware of the content of the order.
2. The…
Subject of Dispute: Challenging the Inaction of the Main Directorate of the Pension Fund of Ukraine Regarding Pension Indexation in 2022 and 2023.
Main Arguments of the Court: The court established that when recalculating pensions assigned in 2020-2023, it is necessary to increase the average wage indicator that was directly used to calculate the pension at…
Subject of Dispute: Recalculation of Old-Age Pension Using the Average Wage Indicator for 2021-2023 When Transitioning from Service Pension.
Main Court Arguments: The Supreme Court established that when transitioning from a service pension to an old-age pension, the average wage indicator for the last three years (2021-2023) should be applied, not the previous period. The court…
Subject of the Dispute: Invalidation of the Purchase and Sale Agreement for a Part of an Apartment, Concluded by the Husband without the Wife's Consent.
Main Arguments of the Court: The Supreme Court indicated that invalidation of the agreement is possible only if the bad faith of the counterparty is proven, that is, if the third…
Subject of Dispute: Bank's Return of Full Amount of Funds after Cancellation of International Money Transfer.
Main Arguments of the Court:
The court established that the bank did not provide sufficient evidence of the lawfulness of withholding part of the funds. In particular, the bank did not explain the reasons for currency conversion and did not provide…
No new decisions were published today
No new decisions were published today
Case No. 755/2054/21 dated 05/02/2025
Subject of Dispute: Invalidation of Apartment Purchase and Sale Agreement and Recovery of Property from Unlawful Possession.
Main Court Arguments:
1. PERSON_2 did not follow the procedure for satisfying the mortgagee's requirements, as stipulated in Article 35 of the Law of Ukraine "On Mortgage", specifically by not sending an appropriate written demand to…
Subject of Dispute: Lawsuit for Termination of Parental Rights of the Father in Relation to a Minor Daughter.
Main Arguments of the Court:
1. Biological father PERSON_2 has effectively not maintained contact with the child for almost five years, showing no interest in the daughter or her inner world.
2. The father himself acknowledges that he has lost…
Subject of Dispute: Recognition of a Will as Invalid, Allegedly Not Signed by the Testator.
Main Arguments of the Court:
1. The will is void, not voidable, as the expert examination proved that the signature on the will does not belong to the testator.
2. The absence of the testator's signature automatically renders the will void in accordance…
Subject of Dispute: Cassation Appeal of a Verdict Regarding a Person Accused of Illegal Drug Trafficking.
Main Arguments of the Court: The Supreme Court established that the appellate court approached the case formally, without properly verifying the defense's arguments about possible procedural violations, particularly regarding evidence collection and potential pressure on the accused. The court emphasized…
Subject of Dispute: Synogydro Corporation Limited challenges the actions of the state executor who returned court orders without accepting them for execution due to the liquidation of Bank "Sich".
Main Arguments of the Court: The Supreme Court supported the position of the appellate court that the Company has not exhausted all possibilities for obtaining funds in…
Subject of Dispute: Invalidation of Electronic Auction and Reclamation of Non-Residential Basement Premises Sold at Forced Auction for Credit Debt.
Main Court Arguments:
1. Electronic auction took place on the basis of a valid court decision on credit debt recovery at that time.
2. The fact that this court decision was subsequently cancelled cannot automatically lead to invalidation…
Here is the translation:
1. Subject of Dispute: Reinstatement of an elementary school teacher who was dismissed after the expiration of a fixed-term employment contract.
2. Main Arguments of the Court:
- By the Constitutional Court's decision, the paragraph on fixed-term contracts for teachers of retirement age was declared unconstitutional
- After this decision, the employer was obliged to…
Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Seizure of Property of JSC "Volyn Gas" in Enforcement Proceedings.
Main Arguments of the Court:
1. The private executor did not have the right to open enforcement proceedings and perform enforcement actions, as the state's share in the authorized capital of JSC "Volyn Gas" exceeds…
Here is the translation of the court decision analysis:
Subject of Dispute: Renewal of a land lease agreement between LLC "Mineral Water Plant 'Malomydska'" and Kostopil City Council.
Main Arguments of the Court:
1. The Supreme Court thoroughly analyzed changes in legislation regarding the procedure for renewing land lease agreements, particularly changes introduced by Law No. 340-IX.
2. The…