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…
The subject of the dispute concerns the possibility of appealing a court order refusing to modify the subject of the claim separately from the court's decision. The court was guided by the fact that the application to change the subject of the claim is a "statement" within the meaning of procedural law, and the refusal…
The court was guided by the fact that the restriction on the payment of assistance only within two years after the initial establishment of disability contradicts the Constitution of Ukraine, which is confirmed by the Decision of the Constitutional Court. The court also took into account that the plaintiff had an initial establishment of disability…
No new decisions were published today
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…