The court found that the transfer of property was carried out after LLC "Avtomarket" had an obligation to pay the plaintiff the value of her share. After the alienation of real estate, the company no longer had assets to settle with the plaintiff. Moreover, the property was contributed to the authorized capital at a value…
The court concluded that the High Qualification Commission of Judges (HQCJ) improperly did not admit the judge to the next stage of qualification assessment, since the total score received by her for testing (82.125) and practical assignment (49.5) exceeded the minimum passing score of the exam (105). Additionally, the High Council of Justice (HCJ) violated…
Subject of Dispute: Invalidation of Electronic Auction for Apartment Sale and Recovery of Property from Unlawful Possession.
The court was guided by the following arguments: 1) The mere fact of improper notification of the debtor about the auction cannot be grounds for declaring it invalid - it is necessary to prove that the rights of the…
The court was guided by the fact that when determining the amount of assistance, the provisions of the special Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection" should be applied, rather than subordinate legal acts of the Cabinet of Ministers of Ukraine that restrict the rights of war veterans.…
Case No. 127/9440/23 dated 23/01/2025
The court found sufficient evidence that the convicted person was spreading materials calling for the overthrow of power and justifying Russian aggression through her social media page. Key evidence included testimony from a witness who saw anti-Ukrainian publications on her page, protocols of social media page reviews indicating her personal data,…
The court concluded that when conducting pension indexation, the average wage indicator used for calculating the pension at its initial assignment should be applied, rather than the indicator as of October 1, 2017, as provided by Procedure No. 124. The court emphasized that the provisions of the subordinate legal act (Procedure No. 124) contradict the…
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Case No. 446/1511/15-c dated 22/01/2025
The court was guided by the fact that when transferring military town buildings in 1995, the city council acquired the right to a part of the land plot necessary for servicing this property. When the defendant purchased the checkpoint building from the city…
Subject of the dispute: refusal of the Pension Fund of Ukraine to index the plaintiff's pension by applying increase coefficients in 2022-2024. The court was guided by the following: 1) Procedure No. 124 contradicts Law No. 1058-IV in terms of applying the base indicator of average salary as of 01.10.2017; 2) indexation should use the…
Subject of Dispute: Challenging the Actions of the Ministry of Internal Affairs of Ukraine Regarding Non-Consideration of Allowances and Bonuses When Recalculating Pension for a Former Law Enforcement Officer.
The court was guided by the fact that Resolution of the Cabinet of Ministers No. 704 does not contain an imperative instruction on the mandatory percentage of…
The court noted that Article 13 of Law No. 1788-XII provides not a separate type of pension provision, but only preferential conditions for age-based pension assignment by reducing the retirement age. Age-based pension under preferential conditions and age-based pension under general conditions are varieties of the same type of pension provision, therefore, a person is…
The court, in rendering its decision, was guided by the fact that the child has lived with the mother since birth, who created appropriate conditions for her residence and development. The court took into account the conclusion of the guardianship and custody authority, the absence of evidence of the mother's unsatisfactory health condition, and also…
The court, in considering the case, was guided by the need to deviate from the previous position of the Supreme Court and concluded that the provisions of the Tax Code of Ukraine prohibiting the accrual of penalties during quarantine do not apply to penalties for violation of currency legislation. The court also noted that penalties…
Case No. 362/8003/23 dated 23/01/2025
The court was guided by the fact that the plaintiff had previously filed a similar claim for penalty recovery for the same period, and by a court decision, she was awarded 22,757 UAH. Although the total amount of penalty for this period was higher (224,347.94 UAH), the plaintiff in the first…
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Case No. 638/4002/18 dated 22/01/2025
The court, when rendering its decision, was guided by the fact that the guilt of the convicted person is fully proven by a set of evidence - witness testimonies, results of investigative experiments, expert conclusions, particularly the discovery of the convicted person's DNA…
Subject of the dispute - the legality of convicting a person for theft of property worth 709.16 hryvnias during martial law. The court was guided by the fact that on August 9, 2024, Law No. 3886-IX came into force, which changed the thresholds for administrative and criminal liability for theft. The United Chamber of the…
Subject of the dispute is the legality of convicting a person for theft of goods from ATB supermarkets for amounts of 492.87 UAH and 865.76 UAH during martial law. The court was guided by the fact that according to the new Law No. 3886-IX and the Tax Code of Ukraine, criminal liability for theft in…
No new decisions were published today
No new decisions were published today
Case No. 201/1971/23 dated 15/01/2025
The court of first instance satisfied the complaint of KEU and canceled the state executor's resolutions, as KEU is a budgetary institution and the decision to recover funds from it must be executed by treasury bodies. The appellate court agreed with this decision. However, during the case review, a significant procedural…
The court was guided by the fact that from January 1, 2017, legislation established a separate procedure for paying a one-time monetary assistance to conscripted servicemen - the right to such assistance arises only during the period of service or no later than 3 months after discharge. Since the plaintiff was declared disabled many years…