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
Case No. 600/3723/24-а dated 29/01/2025
The court was guided by the fact that combat veterans are exempt from paying court fees in cases related to social protection based on the Law "On the Status of War Veterans". This applies to all cases of social protection, including pension payments, regardless of whether they are directly related to…
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…