The subject of the dispute concerns the possibility of appealing the investigating judge's ruling on establishing a deadline for completing the pre-trial investigation. The court was guided by the fact that although such rulings are not directly specified in the list of those subject to appeal under Article 309 of the Criminal Procedure Code, they…
Case No. 754/15954/20 dated 20/11/2024
Subject of the dispute - challenging the decision to release a person from criminal liability due to the expiration of statute of limitations for forgery of a seal and an investment agreement. The Court of Cassation Instance established that lower courts made significant violations because: 1) the issue of release from…
Case No. 908/3077/21(908/939/23) dated 05/11/2024
The cassation instance court established that the courts of previous instances did not properly investigate the circumstances regarding the legality of notarial actions performed by a private notary outside of their office, did not assess the existence of criminal proceedings against the notary for fraud-related articles, and did not take into…
Subject of the dispute is the Pension Fund's refusal to recalculate the pension for the liquidator of the Chornobyl Nuclear Power Plant accident with an increase of 1% for each year of service over 20 years. The court was guided by the fact that legislative changes in 2017 cannot worsen the rights of a person…
The court concluded that orders not listed in Article 294 of the Administrative Procedure Code of Ukraine may be appealed separately from the court's decision if they impede further proceedings in the case and the person cannot restore their rights in any other way. The court took into account that the prolonged non-resolution of the…
Case No. 753/19724/15-k dated 14/11/2024
Subject of the dispute - a prosecutor's appeal against an acquittal in a case of an individual accused of illegal sale of psychotropic substances. The court was guided by the fact that the prosecution's evidence was deemed inadmissible due to violations during covert investigative actions, particularly the lack of confirmation of…
The subject of the dispute concerns the correctness of calculating the term for appealing a judgment rendered in simplified proceedings. The court was guided by the conclusion of the Joint Chamber of the Criminal Cassation Court of the Supreme Court dated 22.01.2024, which states that if a judgment is issued without summoning a person in…
Subject of Dispute: Recalculation of Pension for a Person Affected by the Chornobyl Disaster, Taking into Account the Supplement for Overtime Work Experience. Main Arguments of the Court: The Supreme Court indicated that since the pension was assigned to the plaintiff before amendments to the law (before 11.10.2017), according to Article 58 of the Constitution…
Subject of the Dispute: Recalculation of Pension for a Liquidator of the Chornobyl Nuclear Power Plant Accident with an Increase of 1% for Each Year of Work Beyond 20 Years of Service.
The Court was guided by the following considerations: 1) Laws do not have retroactive effect in time in accordance with Article 58 of the…
Subject of the dispute is the Pension Fund's refusal to grant an old-age pension on general grounds to a person who is already receiving a preferential pension. The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential…
The subject of the dispute concerns the correctness of the criminal proceedings closure by the court of first instance due to the alleged expiration of pre-trial investigation terms. The court was guided by the fact that the period between the criminal proceedings closure by the prosecutor (01.03.2022) and the cancellation of this resolution by a…
No new decisions were published today
No new decisions were published today
Case No. 160/6501/24 dated 20/11/2024
The cassation court established that the appellate court improperly refused to open appellate proceedings, as the tax authority acted in good faith - it filed the first appeal complaint in a timely manner, and after its return due to non-payment of court fees, promptly eliminated the deficiencies and filed a repeated…
The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension provision, but only provides preferential conditions (reduction of retirement age) for the assignment of a regular old-age pension. Such a pension is assigned and paid in accordance with the procedure and…
Case No. 160/15303/22 dated 19/11/2024
The court, when rendering its decision, was guided by the following: 1) amendments to Article 119 of the Labor Code of Ukraine, which canceled the preservation of average earnings for servicemen at their workplace, are lawful and do not violate constitutional rights; 2) the state has the right to redistribute expenditures…
The court, in rendering its decision, was guided by the fact that preferential old-age pension is not a separate type of pension, but only provides preferential conditions (reduced retirement age) for the assignment of a regular old-age pension. Therefore, a person who is already receiving a preferential old-age pension cannot repeatedly claim assignment of the…
The court was guided by the fact that persons who acquired the right to a preferential pension under the Chornobyl Law before the amendments in 2017 retain the right to a 1% supplement for each year of overtime service under the old version of the law. The Supreme Court emphasized that extending new restrictive rules…
Subject of the dispute - transfer of criminal proceedings for consideration by the United Chamber of the Cassation Criminal Court due to the presence of a prosecutor's cassation appeal against the ruling of the Kyiv Court of Appeal. The court does not disclose detailed arguments in the operative part, but the transfer of the case…
The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential conditions for pension assignment by reducing the retirement age. It is important that the Supreme Court departed from previous practice and formulated a new conclusion that persons…