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…
The subject of the dispute concerns the legality of closing criminal proceedings against a customs state inspector due to the expiration of pre-trial investigation terms. The court was guided by the fact that since the criminal proceedings were initiated before March 16, 2018 (when amendments to the Criminal Procedure Code came into effect), and then…
Case No. 539/8/24 dated 31/01/2025
The court rejected the claim because the plaintiff did not provide proper and admissible evidence to confirm family relations with the testator. In particular, it was not proven that the testator's great-grandmother and grandmother were biological sisters, and therefore it was impossible to establish the further degree of kinship. The court…
The court was guided by the fact that as a result of the reorganization, a specific private-public legal succession occurred, whereby the Fund as a legal entity of private law was terminated, and its powers were transferred to the Pension Fund of Ukraine as a legal entity of public law. Since the plaintiff essentially claims…
The court was guided by the fact that an age pension on preferential terms and an age pension on general grounds are different varieties of the same type of pension provision. Article 13 of Law No. 1788-XII provides not a separate type of pension, but only preferential conditions for its assignment through a reduction in…
The court established that the High Qualification Commission of Judges (HQCJ) exceeded its powers, as until 30.12.2023, the right to evaluate a judge's compliance with their position belonged exclusively to the HQCJ collegiums, and not its plenary composition. Moreover, the HQCJ erroneously applied to the procedure of evaluating a judge's compliance with their position the…
Case No. 444/2070/20 dated 28/01/2025
The court of cassation instance found that the appellate court approached the case formally - did not properly analyze all evidence and arguments of the prosecutor, in particular regarding contradictions in expert conclusions. The appellate court also assessed the expert's testimony without examining the audio recording of the court session or…
The cassation instance court established that the appellate court did not properly verify the defendant's arguments regarding the incorrectness of the plaintiff's calculation of inflation losses and 3% per annum after replacing projected volumes with actual ones. In particular, the issue of the legitimacy of accruing these payments on advance payments after signing the service…
No new decisions were published today
No new decisions were published today