The court, in rendering its decision, was guided by the fact that the grandmother has a legal right to communicate with her granddaughter and participate in her upbringing, and that the strained relations between the child's mother and grandmother cannot serve as grounds for restricting these rights. The court also took into account the conclusion…
Case No. 522/13067/20 dated 10/12/2024
The subject of the dispute is challenging the appellate court's ruling on returning the appeal as filed after the appeal deadline. The court was guided by the fact that the defense attorney did not provide sufficient evidence of timely filing of the appeal through a courier service on the last day…
The court was guided by the fact that the appropriate method of protecting the property rights of the territorial community is to file a claim for recovery of property against the last acquirer - a legal entity (LLC "Segesta"). Since the dispute arose between the territorial community and a legal entity regarding the recovery of…
Subject of the dispute - appealing a court verdict regarding the theft of a portable battery worth 740 UAH from an ATB store during martial law. The court was guided by the fact that after the adoption of Law No. 3886-IX, theft of property with a value not exceeding 2 non-taxable minimum incomes of citizens…
No new decisions were published today
No new decisions were published today
Case No. 686/19871/22 dated 05/12/2024
The court was guided by the fact that the appellate court incorrectly credited the period of the defendant's detention from another criminal proceeding (18.03.2020-27.01.2022) to the term of punishment. This period had already been taken into account when rendering the previous judgment on 02.11.2022. According to Part 5 of Article 72…
The Court of Cassation Instance considered the issue of the lawfulness of returning an appellate complaint due to the alleged lack of authority of the tax authority's representative. The Supreme Court pointed out that the existence of limitations on a representative's powers (for example, regarding the right to withdraw a claim) does not deprive them…
Subject of the Dispute: Challenging a Tax Notification-Decision Reducing the Negative VAT Amount by 415,558 UAH.
The court in rendering its decision was guided by the fact that disputes concerning the challenge of tax notification-decisions must be considered under administrative, rather than commercial court proceedings, even if bankruptcy proceedings have been initiated against the taxpayer. The…
Subject of Dispute: Possibility of Appealing a Court Order Refusing to Satisfy a Motion for Enforcement of a Court Decision.
The court was guided by the following arguments: 1) the right to appeal is a constitutional right that cannot be limited by law; 2) the impossibility of appealing an order refusing to satisfy a motion violates…
Subject of the dispute - appealing the appellate court's verdict regarding the conviction of a person for stealing a cable worth 646.80 hryvnias and damaging a telecommunications network. The court was guided by the fact that after the commission of the crime, a new law came into force that decriminalized theft of property worth up…
Case No. 991/2380/24 dated 28/11/2024
The court was guided by the fact that the bank violated the restrictions established by the NBU by issuing 417,000 US dollars in cash to a client (with a limit equivalent to 100,000 UAH per day). There were also doubts about the proper financial monitoring when depositing this amount. The bank's…
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…