The subject of the dispute concerns the correctness of calculating the term for appealing a judgment rendered in simplified proceedings. The court was guided by the conclusion of the Joint Chamber of the Criminal Cassation Court of the Supreme Court dated 22.01.2024, which states that if a judgment is issued without summoning a person in…
Subject of Dispute: Recalculation of Pension for a Person Affected by the Chornobyl Disaster, Taking into Account the Supplement for Overtime Work Experience. Main Arguments of the Court: The Supreme Court indicated that since the pension was assigned to the plaintiff before amendments to the law (before 11.10.2017), according to Article 58 of the Constitution…
Subject of the Dispute: Recalculation of Pension for a Liquidator of the Chornobyl Nuclear Power Plant Accident with an Increase of 1% for Each Year of Work Beyond 20 Years of Service.
The Court was guided by the following considerations: 1) Laws do not have retroactive effect in time in accordance with Article 58 of the…
Subject of the dispute is the Pension Fund's refusal to grant an old-age pension on general grounds to a person who is already receiving a preferential pension. The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential…
The subject of the dispute concerns the correctness of the criminal proceedings closure by the court of first instance due to the alleged expiration of pre-trial investigation terms. The court was guided by the fact that the period between the criminal proceedings closure by the prosecutor (01.03.2022) and the cancellation of this resolution by a…
No new decisions were published today
No new decisions were published today
Case No. 160/6501/24 dated 20/11/2024
The cassation court established that the appellate court improperly refused to open appellate proceedings, as the tax authority acted in good faith - it filed the first appeal complaint in a timely manner, and after its return due to non-payment of court fees, promptly eliminated the deficiencies and filed a repeated…
The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension provision, but only provides preferential conditions (reduction of retirement age) for the assignment of a regular old-age pension. Such a pension is assigned and paid in accordance with the procedure and…
Case No. 160/15303/22 dated 19/11/2024
The court, when rendering its decision, was guided by the following: 1) amendments to Article 119 of the Labor Code of Ukraine, which canceled the preservation of average earnings for servicemen at their workplace, are lawful and do not violate constitutional rights; 2) the state has the right to redistribute expenditures…
The court, in rendering its decision, was guided by the fact that preferential old-age pension is not a separate type of pension, but only provides preferential conditions (reduced retirement age) for the assignment of a regular old-age pension. Therefore, a person who is already receiving a preferential old-age pension cannot repeatedly claim assignment of the…
The court was guided by the fact that persons who acquired the right to a preferential pension under the Chornobyl Law before the amendments in 2017 retain the right to a 1% supplement for each year of overtime service under the old version of the law. The Supreme Court emphasized that extending new restrictive rules…
Subject of the dispute - transfer of criminal proceedings for consideration by the United Chamber of the Cassation Criminal Court due to the presence of a prosecutor's cassation appeal against the ruling of the Kyiv Court of Appeal. The court does not disclose detailed arguments in the operative part, but the transfer of the case…
The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential conditions for pension assignment by reducing the retirement age. It is important that the Supreme Court departed from previous practice and formulated a new conclusion that persons…
The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension provision, but only provides preferential conditions (reduction of retirement age) for the assignment of old-age pension. Since such a pension is assigned and paid in accordance with the procedure and conditions…
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Case No. 1309/3314/12 dated 18/11/2024
Subject of Consideration - Defense Counsel's Motion for Participation in Cassation Review of Criminal Case via Video Conference. The Court was guided by Article 85-3 of the Criminal Procedure Code of 1960, which provides for the possibility of conducting procedural actions via video conference…
The subject of the dispute concerns the correctness of the application by the first and appellate instance courts of the provisions of the Criminal Code of Ukraine regarding sentencing for a person who committed a new crime before the previous judgment was rendered. The cassation instance court established that the lower courts incorrectly applied criminal…
Subject of Dispute: Cassation review of a sentence against a person convicted of death threats and theft during martial law.
Key Court Arguments: The court drew attention to legislative changes introduced by Law No. 3886-IX dated 18.07.2024, which decriminalized petty theft of property valued less than 2 non-taxable minimum incomes of citizens. Since the value of…
Case No. 991/3227/24 dated 14/11/2024
Subject of Dispute: Criminal Proceedings against a People's Deputy of Ukraine for Offering and Providing Unlawful Benefit in the Form of Cryptocurrency to an Official for Facilitating Fund Allocation from a State Fund.
Main Court Arguments: The court established that the accused, being a People's Deputy of Ukraine and a member of…
The subject of the dispute concerns challenging a court order returning an appellate complaint due to non-payment of court fees in a case of monitoring the enforcement of a court decision regarding social benefits for a Chornobyl victim. The Supreme Court, in rendering its decision, was guided by the fact that the requirement to pay…
