No new decisions were published today
No new decisions were published today
Case No. 522/9421/22 dated 16/12/2024
The Court of Cassation Instance noted that the courts of first and appellate instances incorrectly included the period between the closure of criminal proceedings and the cancellation of the closure order in the pre-trial investigation period. The Supreme Court referred to the legal position of the Joint Chamber of the Criminal…
The court noted that issuing a certificate of monetary support is one of the stages in exercising the right to pension recalculation, and therefore the 6-month period for filing a lawsuit does not apply to such disputes. The court emphasized that applying this period would make it impossible to exercise the right to pension recalculation,…
Case No. 947/30578/21 dated 18/12/2024
The court found that the gas disconnection was unlawful, which is confirmed by a previous court decision. The court took into account that the plaintiff had the right to 40% of gas consumption in the house according to the contract, and not to the entire gas supply. Regarding moral damages, the…
Case No. 824/105/24 dated 19/12/2024
The court refused to cancel the arbitration decision because the defendant company did not object to the appointed arbitrator during the arbitration proceedings and did not challenge him, but attempted to challenge only after losing the case. Moreover, the company itself had previously proposed arbitrator candidates who were Ukrainian citizens, and…
The court was guided by the fact that according to the new Law No. 3886-IX dated 18.07.2024, which came into effect on 09.08.2024, the limits of petty theft were changed - now it amounts to up to 2 non-taxable minimum incomes of citizens (previously it was up to 0.2). Since the value of the stolen…
The Court concluded that the restriction on the payment of one-time financial assistance only within two years after the initial establishment of disability contradicts the Constitution of Ukraine. The Supreme Court deviated from previous practice and indicated that such restrictions cannot be applied, as they violate the principle of the rule of law and constitutional…
Subject of the dispute - appealing a court verdict regarding theft of property valued at 1,273 hryvnias and 44 kopiykas, committed by breaking into a premises. The court was guided by the fact that after the adoption of Law No. 3886-IX dated 18.07.2024, the threshold value of property for qualifying theft as a criminal offense…
The court was guided by the fact that limiting the right to receive a higher amount of assistance only within two years after the initial establishment of disability contradicts the Constitution of Ukraine, as it unjustifiably restricts the right of servicemen to social protection. This is confirmed by the Decision of the Constitutional Court dated…
The court was guided by the fact that the restriction on benefit payments only within two years after the initial establishment of disability contradicts the Constitution of Ukraine, as it disproportionately limits the right to social protection of servicemembers. The Supreme Court deviated from previous practice and decided that such restrictions cannot be applied, as…
The court, in rendering its decision, was guided by the fact that the restriction on the payment of one-time financial assistance only within two years after the initial determination of disability is contrary to the Constitution of Ukraine. The court noted that after this norm was declared unconstitutional by the Constitutional Court of Ukraine, it…
Case No. 991/4875/21 dated 19/12/2024
Subject of Dispute: Misappropriation of state budget funds in a particularly large amount (17.3 million UAH) through fraud in the procurement of apartments for National Guard of Ukraine servicemembers.
Main Court Arguments: 1) The accused PERSON_8, PERSON_7, and PERSON_6, acting in prior conspiracy, submitted false documents about apartment readiness for occupancy, although…
Subject of the dispute is the legality of acquitting a person in a case concerning illegal acquisition, transportation, and storage of alcoholic beverages with the intent to sell. The court drew attention to the legal opinion of the Grand Chamber of the Supreme Court, according to which an alcoholic beverage can be the subject of…
Subject of the dispute - appealing a court verdict regarding the conviction of a person for theft of goods worth 909.84 UAH from a store during martial law. The court was guided by the fact that on August 9, 2024, a new law came into effect, which raised the threshold value of property for qualifying…
The court was guided by the fact that although the legislator formally implemented the decision of the Constitutional Court dated 07.04.2021 by establishing new pension sizes in Law No. 1584-IX, these sizes are significantly lower than those previously guaranteed by the earlier version of the law. Therefore, the provisions of Law No. 796-XII in the…
Subject of the Dispute: Establishing the Fact of Studying at the Kyiv Military Lyceum named after Ivan Bohun as a Fact of Military Service in the Armed Forces of Ukraine. The court was guided by the fact that cases for establishing legal facts can be considered in two procedures - non-judicial and judicial. In this…
Case No. 915/1565/21 dated 17/12/2024
Subject of the dispute - recovery of debt under a natural gas transportation agreement in the amount of approximately 8.9 million UAH, including principal debt, penalty, and other charges. The court, when rendering the decision, was guided by the fact that the defendant indeed violated the contract terms regarding payment for…
Subject of the dispute is challenging a tax notification-decision on accrual of penalties for violation of settlement terms in foreign economic activity during goods import. The court concluded that the tax authority incorrectly determined the day of debt occurrence for penalty calculation. Specifically, the day of debt occurrence in import operations is the day when…
Subject of the dispute - foreclosure by the National Bank of Ukraine on the mortgage object (property complex) due to non-fulfillment of credit obligations by a bank in the liquidation stage. The court was guided by the fact that the mortgage is an accessory (additional) obligation and shares the fate of the main obligation. Since…