No new decisions were published today
Case No. 757/7845/19-k dated 19/11/2024
Subject of the dispute - challenging the appellate court's ruling on returning the appeal to a person who was not a party to the criminal proceedings. The court was guided by the fact that the applicant PERSON_5 did not have the right to file an appeal against the verdict regarding other…
Case No. 738/429/23 dated 04/12/2024
The court was guided by the fact that the creditor timely (in December 2020) presented claims to the heirs after the debtor's death. The appellate court erroneously applied the statute of limitations, as the representative of the defendants did not substantiate their statements with circumstances of changing the terms of performance…
The court noted that for persons whose pensions were assigned before the amendments to the law in 2017, the previous version of the law should be applied, which did not require pension assignment under special conditions to receive a supplement for excessive service length. The Supreme Court emphasized that the state had guaranteed special pension…
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 servicemembers to social protection. This is confirmed by the Decision of the Constitutional Court dated…
Subject of the dispute - challenging a court verdict regarding the conviction of a person for theft of chocolate and headphones with a total value of less than 2,000 hryvnias during martial law. When making the decision, the court was guided by the fact that after the Law No. 3886-IX of 18.07.2024 came into force,…
The court was guided by the fact that amendments to the List of Narcotic Drugs, introduced by the Resolution of the Cabinet of Ministers of Ukraine No. 653 dated 24.05.2024, which transferred cannabis from especially dangerous narcotic drugs to narcotic drugs with limited circulation, cannot be considered as amendments to the criminal law. The court…
The court, in rendering its decision, was guided by the fact that the grandmother has a legal right to communicate with her granddaughter and participate in her upbringing, and that the strained relations between the child's mother and grandmother cannot serve as grounds for restricting these rights. The court also took into account the conclusion…
Case No. 522/13067/20 dated 10/12/2024
The subject of the dispute is challenging the appellate court's ruling on returning the appeal as filed after the appeal deadline. The court was guided by the fact that the defense attorney did not provide sufficient evidence of timely filing of the appeal through a courier service on the last day…
The court was guided by the fact that the appropriate method of protecting the property rights of the territorial community is to file a claim for recovery of property against the last acquirer - a legal entity (LLC "Segesta"). Since the dispute arose between the territorial community and a legal entity regarding the recovery of…
Subject of the dispute - appealing a court verdict regarding the theft of a portable battery worth 740 UAH from an ATB store during martial law. The court was guided by the fact that after the adoption of Law No. 3886-IX, theft of property with a value not exceeding 2 non-taxable minimum incomes of citizens…
No new decisions were published today
No new decisions were published today
Case No. 686/19871/22 dated 05/12/2024
The court was guided by the fact that the appellate court incorrectly credited the period of the defendant's detention from another criminal proceeding (18.03.2020-27.01.2022) to the term of punishment. This period had already been taken into account when rendering the previous judgment on 02.11.2022. According to Part 5 of Article 72…
The Court of Cassation Instance considered the issue of the lawfulness of returning an appellate complaint due to the alleged lack of authority of the tax authority's representative. The Supreme Court pointed out that the existence of limitations on a representative's powers (for example, regarding the right to withdraw a claim) does not deprive them…
Subject of the Dispute: Challenging a Tax Notification-Decision Reducing the Negative VAT Amount by 415,558 UAH.
The court in rendering its decision was guided by the fact that disputes concerning the challenge of tax notification-decisions must be considered under administrative, rather than commercial court proceedings, even if bankruptcy proceedings have been initiated against the taxpayer. The…
Subject of Dispute: Possibility of Appealing a Court Order Refusing to Satisfy a Motion for Enforcement of a Court Decision.
The court was guided by the following arguments: 1) the right to appeal is a constitutional right that cannot be limited by law; 2) the impossibility of appealing an order refusing to satisfy a motion violates…
Subject of the dispute - appealing the appellate court's verdict regarding the conviction of a person for stealing a cable worth 646.80 hryvnias and damaging a telecommunications network. The court was guided by the fact that after the commission of the crime, a new law came into force that decriminalized theft of property worth up…
Case No. 991/2380/24 dated 28/11/2024
The court was guided by the fact that the bank violated the restrictions established by the NBU by issuing 417,000 US dollars in cash to a client (with a limit equivalent to 100,000 UAH per day). There were also doubts about the proper financial monitoring when depositing this amount. The bank's…
Subject of the Dispute: Challenging the Refusal of the Ministry of Defense of Ukraine to Pay a Military Serviceman a One-Time Monetary Assistance upon Upgrading Disability Group from III to II after Two Years from the Initial Disability Determination.
The Court was guided by the fact that the statutory limitation of two years for the right…