Case No. 463/1771/22 dated 26/11/2024
Subject of the dispute - challenging a court verdict of life imprisonment for murder with extreme cruelty. The court rejected the defense's arguments regarding violation of the right to a jury trial, as at the time of case consideration, the norm of collegial review by three judges was in effect. The…
The court was guided by the fact that persons who were granted a pension before the legislative amendments in 2017 retain the right to a supplement for excessive service length according to the old version of the law. Extending the new restrictive rules to such persons would be an unconstitutional narrowing of their rights. In…
Case No. 455/338/20 dated 27/11/2024
The cassation court found that the appellate court did not provide proper assessment of important defense arguments, particularly regarding the absence of road signs 'Populated Area', 'Pedestrian Crossing', and 'Unregulated Intersection' at the scene of the traffic accident. The issues of pedestrian crossing visibility, the cyclist's distance from the road edge,…
Case No. 916/5677/23 dated 03/12/2024
Subject of the dispute - challenging the decision of the Southern Interregional Territorial Office of the Antimonopoly Committee of Ukraine, which was adopted regarding LLC 'Kaniv-SGEM'. Since only the introductory and operative parts of the Supreme Court's resolution were provided, it is impossible to determine the specific arguments that guided the…
The court was guided by the following considerations: 1) the ruling on leaving the application for evidence preservation without consideration is not included in the list of rulings that can be appealed separately from the court's decision; 2) such a ruling does not impede further proceedings in the case; 3) the applicant is not deprived…
The court concluded that if information about a person who has the right to act on behalf of a legal entity is entered into the Unified State Register, this is sufficient to confirm their authority to act in court on behalf of the legal entity. The court should not require additional confirmation of such person's…
Subject of the dispute - the legality of convicting a person for an attempted theft of food products worth 308.46 hryvnias 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 criminal liability. The Joint Chamber…
Here is the translation of the legal texts:
Case No. 991/2380/24 dated 28/11/2024
Subject of the dispute - challenging a separate ruling of the High Anti-Corruption Court by a representative of PJSC AB "UKRGASBANK". Unfortunately, due to the absence of the full text of the decision and the reasoning part, it is impossible to determine the specific…
Case No. 638/12275/18 dated 27/11/2024
Subject of Dispute: Accusation of a commercial court judge of abuse of power when considering a commercial case regarding debt recovery and a counterclaim for gas transfer obligation.
Main Court Arguments:
1. At the time of case consideration, there was ambiguous judicial practice regarding determining the property or non-property nature of claims and,…
Subject of the dispute - consideration of an application to set aside a default court judgment regarding debt collection under a credit agreement. The court was guided by the fact that the defendant missed the deadline for filing an application to review the default judgment without valid reasons, as she was aware of the court…
The court was guided by the fact that the plaintiff was aware of the case consideration, as he had filed a motion to postpone the court hearing. At the same time, the absence of the date of drawing up the full text of the decision and the untimely entry of the decision into the Unified…
Subject of the dispute is challenging a court verdict convicting a person for stealing two bottles of alcoholic beverages worth 2,259 hryvnias from a gas station during martial law. The court was guided by the fact that the new Law No. 3886-IX dated 18.07.2024 changed the thresholds for criminal liability for theft - now it…
The court concluded that a ruling on refusal to issue a duplicate of an executive document cannot be grounds for closing proceedings in a new case regarding the issuance of a duplicate. The court emphasized that the consideration of procedural issues related to the execution of court decisions constitutes ongoing legal relations until the complete…
No new decisions were published today
No new decisions were published today
Case No. 460/14031/22 dated 26/11/2024
The court was guided by the fact that minor children who are assigned a disability pension are non-working pensioners due to their incapacity and have the right to a pension increase as compensation for the risk of health loss. At the same time, the amount of such increase should be calculated…
The cassation instance court established that after the return of the indictment to the prosecutor, additional investigative actions were improperly conducted and new evidence was collected, which the courts of first and appellate instances took into account when rendering decisions. This contradicts the legal position of the United Chamber of the Supreme Court, according to…
Case No. 761/26342/22 dated 16/09/2024
The subject of the dispute concerns the possibility of appealing the investigating judge's ruling on establishing a deadline for completing the pre-trial investigation. The court was guided by the fact that although such rulings are not directly specified in the list of appealable rulings under Article 309 of the Criminal Procedure…
The court noted that the appropriate method of protecting the borrower's rights in the restructuring of a foreign currency loan is a claim requiring the lender to conduct restructuring. In this case, it is not necessary to additionally demand recognition of the bank's refusal or actions as illegal. The court also emphasized that for restructuring,…
The court was guided by the fact that Article 13 of the Law "On Pension Provision" provides not a separate type of pension, but only preferential conditions for age-based pension assignment by reducing the retirement age. Since the preferential age-based pension is assigned and paid according to the procedure and conditions of the Law "On…