Case No. 460/14031/22 dated 26/11/2024
The court was guided by the fact that minor children who are assigned a disability pension are non-working pensioners due to their incapacity and have the right to a pension increase as compensation for the risk of health loss. At the same time, the amount of such increase should be calculated…
The cassation instance court established that after the return of the indictment to the prosecutor, additional investigative actions were improperly conducted and new evidence was collected, which the courts of first and appellate instances took into account when rendering decisions. This contradicts the legal position of the United Chamber of the Supreme Court, according to…
Case No. 761/26342/22 dated 16/09/2024
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 appealable rulings under Article 309 of the Criminal Procedure…
The court noted that the appropriate method of protecting the borrower's rights in the restructuring of a foreign currency loan is a claim requiring the lender to conduct restructuring. In this case, it is not necessary to additionally demand recognition of the bank's refusal or actions as illegal. The court also emphasized that for restructuring,…
The court was guided by the fact that Article 13 of the Law "On Pension Provision" provides not a separate type of pension, but only preferential conditions for age-based pension assignment by reducing the retirement age. Since the preferential age-based pension is assigned and paid according to the procedure and conditions of the Law "On…
The court was guided by the fact that the decision of the High Qualification Commission of Judges regarding a judge's non-compliance with the occupied position does not have independent legal consequences, but is part of a single qualification proceeding. Such a decision can be appealed only together with the decision of the High Council of…
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…