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Case No. 754/15594/23 dated 15/01/2025

Subject of the dispute is the prosecution's appeal against the first instance court and appellate court judgment in criminal proceedings concerning PERSON_7 under Part 2 of Article 125 of the Criminal Code of Ukraine (intentional minor bodily injury). The court established the existence of inconsistent application of legal norms in similar legal relations, which requires…

Review of Ukrainian Supreme Court’s decisions for 20/01/2025

Case No. 404/1319/23 dated 09/01/2025 The cassation instance court found that the appellate court made significant procedural law violations, as it did not provide proper assessment of all arguments in the convict's appeal, did not substantiate the refusal to re-examine evidence, and did not consider objections to the first instance court's ruling on refusing to return…

Case No. 1.380.2019.003907 dated 16/01/2025

Subject of the dispute - challenging the remarks of the Lviv Mayor to the city council resolution on changing the land plot's intended purpose. The Supreme Court deviated from previous practice and indicated that the mayor's remarks to council decisions cannot be a subject of judicial review, as these are his discretionary powers. The Court…

Case No. 534/1241/22 dated 09/01/2025

The court took into account that after amendments to the Code of Administrative Offenses dated 09.08.2024, the threshold value of property for qualifying theft as a criminal offense was increased. Since in most episodes the value of the stolen property did not exceed the established threshold, these actions are no longer considered criminal offenses. The…

Review of Ukrainian Supreme Court’s decisions for 19/01/2025

Case No. 174/488/24 dated 10/01/2025 The court was guided by the fact that establishing labor experience should be carried out in an out-of-court procedure through the bodies of the Pension Fund of Ukraine. Such facts are not subject to judicial determination, and the decision of the Pension Fund can be appealed in the manner prescribed by…

Case No. 463/3646/23 dated 06/01/2025

Subject of the dispute - appealing a court verdict regarding the conviction of a person for theft of goods from stores with a total value of approximately 1,700 hryvnias during martial law. When making the decision, the court was guided by the fact that after the issuance of the challenged decisions, a new law No.…

Review of Ukrainian Supreme Court’s decisions for 18/01/2025

Case No. 910/21682/15 (910/17038/21) dated 20/12/2024 The court concluded that the state enterprise does not have the right to file a claim for recognition of state ownership and cancellation of municipal property registration, as such claims are aimed at protecting the state's rights, not the enterprise's rights. Such a claim can only be filed by an…

Review of Ukrainian Supreme Court’s decisions for 17/01/2025

Case No. 756/5368/19 dated 08/01/2025 The court, when rendering its decision, was guided by the fact that the plaintiff did not participate in the apartment privatization and did not acquire ownership rights to its part, as the donation agreement was declared invalid. Therefore, she does not have a legally protected interest in amending the property ownership…

Review of Ukrainian Supreme Court’s decisions for 16/01/2025

Case No. 420/3720/24 dated 09/01/2025 Subject of the dispute - payment of additional remuneration to a serviceman in the amount of 120,000 UAH for the period from 24.02.2022 to 31.05.2022. The court was guided by the fact that the version of the Labor Code that was in effect before the changes of 01.07.2022 should be applied…

Review of Ukrainian Supreme Court’s decisions for 13/01/2025

Case No. 824/91/24 dated 03/01/2025 Subject of the dispute - consideration of a divorce case. Since this decision contains confidential information and is prohibited from disclosure under paragraph 4, part 1, article 7 of the Law of Ukraine "On Access to Court Decisions", a detailed analysis of the court's arguments is not possible. Such restrictions are…

Review of Ukrainian Supreme Court’s decisions for 12/01/2025

Case No. 317/3658/20 dated 06/01/2025 The subject of review was a cassation appeal by the defense counsel against the first instance court judgment and the appellate court ruling regarding the accusation of a person for committing a series of criminal offenses. The court partially satisfied the cassation appeal, guided by the fact that the defendant's actions…

Case No. 148/382/20 dated 27/12/2024

The court, in rendering its decision, was guided by the following considerations: 1) the right of a grandfather to communicate with his grandchildren must be exercised taking into account the best interests of the children; 2) the relationship between a grandfather and grandchildren differs in nature from the relationship between parents and children and requires…

Review of Ukrainian Supreme Court’s decisions for 11/01/2025

Case No. 120/19027/23 dated 07/01/2025 The court, when rendering its decision, was guided by the following: 1) no retail trade or cash settlements were carried out at the oil depot, therefore, the requirements for cash register use do not apply to this facility; 2) the company maintained proper accounting of petroleum products in accordance with established…

Review of Ukrainian Supreme Court’s decisions for 10/01/2025

Case No. 991/4005/22 dated 03/01/2025 Main arguments of the court: The court established that PERSON_12 incited the provision of an illegal benefit to the Prosecutor General by voicing the mechanism and amount (100,000 US dollars) for resolving the issue of property return and criminal case closure. PERSON_11, being the head of a department in the Office…

Review of Ukrainian Supreme Court’s decisions for 09/01/2025

Case No. 640/524/20 dated 03/01/2025 The court noted that the decision of the personnel commission regarding unsuccessful certification must be properly substantiated and contain specific facts and evidence, rather than just general formulations about 'reasonable doubts'. At the same time, the absence of bringing the prosecutor to responsibility does not exclude the possibility of evaluating their…
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