Analysis of the Court Decision:
1. Subject of Dispute: Challenging the accrual of penalties for violation of settlement terms in foreign currency during the quarantine period.
2. Main Arguments of the Court:
The Supreme Court deviated from its previous legal position and indicated that penalties for currency transactions during quarantine are calculated on general grounds. The court argued…
Subject of Dispute: Termination of Criminal Proceedings against a Person Accused of Theft of Property during Martial Law
The main arguments of the court are that the courts of previous instances incorrectly terminated the criminal proceedings without considering the possibility of reclassifying the defendant's actions under Article 162 of the Criminal Code of Ukraine (illegal entry…
Subject of the Dispute: A Military Serviceman Challenges the Decision of the Joint Housing Commission of the General Staff of the Armed Forces of Ukraine Regarding the Refusal to Exclude a Service Apartment for Permanent Residence.
Main Arguments of the Court: The Supreme Court deviated from previous practice and clearly defined that disputes concerning housing provision…
Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on imposing a penalty for late registration of tax invoices.
2. Key Court Arguments:
- The Supreme Court essentially changed previous practice regarding penalty sanctions for late registration of tax invoices.
- The period from March 2020 to May 2022 had a moratorium on penalty sanctions due…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions of the Main Directorate of the State Tax Service in Kharkiv Oblast regarding the imposition of penalties on KSP "Kharkivhorlift" for late tax payment.
2. Main Arguments of the Court:
- Judicial economic expertise did not confirm the fact of late transfer of personal income tax and…
Case No. 991/5241/24 dated 25/03/2025
Subject of Dispute: Recognition as unjustified and recovery in state revenue of a Mercedes-Benz G 400 D vehicle valued at 5,647,926.68 UAH, purchased by PERSON_2 in the name of the son of PERSON_1, who is a civil servant.
Main Arguments of the Court:
- PERSON_1 is a person authorized to perform state functions
-…
Here is the translation:
1. Subject of Dispute: Invalidation of electronic auction for the sale of garages that are joint shared property of the spouses.
2. Main Arguments of the Court:
- Garages were purchased during the marriage and are joint shared property of the spouses
- The state executor did not clarify the circumstances regarding the ownership of…
Here is the translation:
1. Subject of Dispute: Invalidation of Vyshhorod City Council decisions on transferring land plots into private ownership to citizens in the area belonging to the coastal protection zone of the Dnipro River.
2. Main Court Arguments:
- Disputed land plots are located within the 100-meter coastal protection zone of the Kyiv Reservoir
- Water fund…
Subject of Dispute: Termination of Ownership Right to a Share in Common Inherited Property (Automobile, Residential House, and Land Plots).
Main Arguments of the Court:
1. A co-owner's right of ownership to a share in common property may be terminated if at least one of the legally prescribed grounds exists (indivisibility of the item, impossibility of division…
Subject of Dispute: Recovery of Moral Damages from the State due to Illegal Administrative Prosecution by Patrol Police Officers.
Main Court Arguments:
The Supreme Court established that the appellate court approached the case circumstances formally. Firstly, the previous court proceeding established a violation of the driver's sobriety check procedure. Secondly, the plaintiff was deprived of the right…
Subject of Dispute: Dismissal of the General Director of SE "Naftogaz Bioenergy" and Challenge of the Dismissal Order.
Main Arguments of the Court:
1. The dispute concerns corporate relations, not labor relations, as it is related to enterprise management and termination of the manager's powers.
2. Grounds for dismissal were: improper performance of duties during business trips, transfer…
Subject of the Dispute: Challenging the Tax Authority's Decision Refusing Registration of a Tax Invoice and Obliging Its Registration.
Main Arguments of the Court: The Supreme Court considers that the appellate court approached the issue of restoring the term for appeal too formally. The court established that the initial appeal was filed on time, and the…
Here is the translation:
1. Subject of Dispute: Recognition and Inclusion of National Police of Ukraine's Creditor Claims under Bank Guarantees in the Creditors' Claims Register during Bank Liquidation.
2. Key Court Arguments:
- The Supreme Court deviated from its previous position on bank guarantees. The Court clearly defined that the guarantor has no right to verify…
Subject of Dispute: Compensation for Material Damage Caused by an Employee of JSC "Ukrzaliznytsia" during the Performance of Labor Duties.
Main Arguments of the Court:
1. The Supreme Court established that PERSON_1 is not an official within the meaning of the Law "On Joint Stock Companies", as he worked as the head of a structural unit and…
Here is the translation:
1. Subject of Dispute: Recognition of Poltava City Council's decisions as unlawful regarding the continuation of temporary trade structure placement by entrepreneurs.
2. Key Court Arguments:
- Temporary structure is placed with violations - at a distance of 4.55 meters from the roadway, which does not comply with established norms
- Lack of National Police…
Here is the translation:
Subject of Dispute: Recognition of the Communal Enterprise's Unlawful Inaction Regarding the Maintenance of Civil Protection Shelters and Obligation to Bring Them into Proper Condition.
Main Arguments of the Court:
1. The Prosecutor filed a lawsuit on behalf of the State Emergency Service (SESU), however, the SESU body does not have an independent right…
Here is the translation:
1. Subject of Dispute: Invalidation of the purchase and sale agreement for a non-residential premises that was transferred as a mortgage, and cancellation of state registration of ownership rights to this premises.
2. Main Arguments of the Court:
- The mortgagee (bank) did not send proper notification to the mortgagor 30 days prior to…
Here is the translation:
Subject of Dispute: Recognition of the Pension Fund's Inaction as Unlawful Regarding Pension Calculation for a Person Affected by the Chornobyl Catastrophe in Full Volume.
Main Court Arguments:
1. The Constitutional Court of Ukraine declared amendments to the law unconstitutional that reduced pension amounts for Chornobyl catastrophe victims.
2. The State cannot reduce social guarantees…
Subject of Dispute: Challenging Tax Notifications-Decisions Regarding Real Estate Tax Calculation.
Main Arguments of the Court:
1. The Respondent (Main Directorate of State Tax Service) independently cancelled the challenged tax notifications-decisions due to changes in the local tax resolution.
2. The Court drew attention to the ambiguity of the grounds for case closure - whether under paragraph 2…
Subject of Dispute: Reclaiming Immovable Property (Nursery-Kindergarten) from the State Company "Ukrspetsexport" due to Unlawful Disposal of Debtor's Property during the Moratorium in Bankruptcy Proceedings.
Main Court Arguments:
1. The moratorium on satisfying creditors' claims extends to the disputed legal relations, therefore, the executor's actions to sell the debtor's property are unlawful.
2. Each type of electronic auction…