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. Since such a pension is assigned and paid in accordance with the procedure…
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 (reduction of retirement age) for the assignment of old-age pension. Since such a pension is assigned and paid in the manner and under the conditions of…
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 (reduction of retirement age) for the appointment of a regular old-age pension. The Supreme Court deviated from previous practice and concluded that persons receiving a preferential…
The court was guided by the fact that preferential old-age pension is not a separate type of pension provision, but only provides preferential conditions (reduction of retirement age) for the appointment of an old-age pension. Since the plaintiff is already receiving an old-age pension on preferential terms, he is not entitled to a repeated appointment…
Case No. 202/4400/22 dated 12/11/2024
Subject of the dispute - a prosecutor's appeal against the appellate court's decision to mitigate the punishment for a person convicted of illegal drug trafficking. The court was guided by the fact that the appellate court incorrectly applied Article 69 of the Criminal Code of Ukraine (imposing a milder punishment), as…
Case No. 202/4400/22 dated 12/11/2024
Subject of the dispute - a prosecutor's appeal against the appellate court's decision to mitigate the punishment for a person convicted of illegal drug trafficking. The court was guided by the fact that the appellate court incorrectly applied Article 69 of the Criminal Code of Ukraine (imposing a milder punishment), as…
No new decisions were published today
Case No. 756/10489/23 dated 07/11/2024
Subject of the dispute - a prosecutor's appeal against the appellate court's decision to release from serving a sentence with probation a person convicted of a fatal traffic accident. When making the decision, the court was guided by the fact that the convicted person committed a crime by negligence, sincerely repented,…
Case No. 947/10715/23 dated 04/11/2024
The court, when rendering its decision, was guided by the fact that there are several mitigating circumstances (sincere repentance and active assistance in solving the crime), which significantly reduce the degree of severity of the committed offense. The court also took into account data about the defendant's personality - young age,…
Subject of Dispute: Appealing the verdict against a person convicted of stealing communication cables and damaging telecommunication networks. The court was guided by the following arguments: 1) According to the new Law No. 3886-IX dated 18.07.2024, theft of property valued at less than 2,270 UAH has been decriminalized and is now considered an administrative offense;…
Case No. 671/1742/23 dated 06/11/2024
Subject of the dispute - challenging the decision to release a bus driver from criminal liability who caused a traffic accident with passenger injuries. The court was guided by the fact that the accused sincerely repented, which is confirmed by his behavior - he fully admitted guilt, voluntarily compensated the victims,…
Case No. 910/3313/21 dated 07/11/2024
Subject of Dispute: Invalidation of the Antimonopoly Committee of Ukraine's decision recognizing the gas distribution company's actions as abuse of monopoly position and imposing a fine.
Main Court Arguments: 1) AMC correctly determined that the company held a monopoly position in the gas distribution market within its territory; 2) The company's unreasonable…
Subject of the dispute is challenging an acquittal verdict regarding an official of the Municipal Enterprise "Capital Construction Management", who was accused of official negligence that resulted in material damages amounting to 155,869.80 UAH. The court of cassation instance established that lower instance courts improperly recognized the construction and technical expert opinion No. 2244 as…
Subject of the dispute - challenging the ruling of the Appellate Chamber of the High Anti-Corruption Court on refusal to open appellate proceedings. The court established the presence of an exceptional legal issue or the need to deviate from the conclusion regarding the application of a legal norm in similar legal relations. For this reason,…
No new decisions were published today
No new decisions were published today
Case No. 201/9248/20 dated 30/10/2024
Subject of Dispute: Appealing a court verdict regarding the conviction of a person for murdering a law enforcement officer, attempted murder of another police officer, and illegal handling of a weapon. Main Court Arguments: The court established that the convicted person, being a former law enforcement officer, intentionally shot and killed…
Subject of the dispute is challenging a resolution on imposing a fine for violation of urban planning legislation, which was issued by the deputy head of the architectural and construction control department. The court was guided by the fact that, according to the law, only heads of executive bodies for state architectural and construction control…
The court was guided by the fact that the plaintiff (the deceased's former husband) voluntarily submitted an application in 2021 to waive claims to the shared marital property and did not object to the issuance of inheritance certificates in favor of the son. According to the doctrine of venire contra factum proprium (prohibition of contradictory…
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 an old-age pension on preferential terms. The court was guided by the fact that an old-age pension on preferential terms is a type of old-age pension, not a separate type of…
