Case No. 943/1158/22 dated 04/11/2024
The court was guided by the fact that the gas supply company provided proper evidence of unauthorized interference with the gas meter (damage to paint coating, cracks, scratches on mechanisms), which led to distortion of accounting data. The consumer did not refute the fact of interference and the legitimacy of the…
Case No. 943/1158/22 dated 04/11/2024
The court was guided by the fact that JSC "Lvivgaz" proved by appropriate evidence the fact of unauthorized interference with the gas meter, in particular the presence of damage to the paint coating, cracks, scratches on mechanisms, which led to distortion of gas metering data. The consumer did not refute the…
Subject of Dispute: An entrepreneur challenging a tax notification-decision on accrual of penalties for violation of settlement terms for foreign economic operations.
The court was guided by the following arguments: 1) The presence of force majeure circumstances (martial law) is confirmed by a Chamber of Commerce and Industry certificate and exempts from liability for breach of…
The court was guided by the fact that at the time of filing the lawsuit in 2014-2015, the then-current Law of Ukraine "On Prosecution" did not contain prohibitions or restrictions on a prosecutor representing the state's interests through state institutions, including environmental protection agencies. The prosecutor had the right to independently determine what constituted a…
Case No. 420/13707/22 dated 28/10/2024
The court was guided by the fact that the Administrative Services Center of the Kivertsi City Council improperly did not consider the plaintiff's application for registration as an Internally Displaced Person (IDP) and did not issue the corresponding certificate. The court took into account that the plaintiff provided evidence of residence…
The court was guided by the fact that, according to the resolution of the Supreme Court dated 30.08.2024, if a claim contains only a demand to declare an arbitration agreement invalid, the court must refuse to open proceedings, as such a dispute is not subject to consideration in commercial courts. The court also noted that…
Subject of the dispute is the legality of convicting a person for an attempted theft of goods worth 1,129.24 hryvnias and 311.77 hryvnias during martial law. The court was guided by the fact that according to the new Law No. 3886-IX dated 18.07.2024, which has retroactive effect, the threshold value of property for qualifying theft…
The court, in rendering its decision, was guided by the fact that on August 9, 2024, Law No. 3886-IX came into effect, which raised the property value threshold for qualifying theft as an administrative offense to 2 non-taxable minimum citizen incomes. Since the value of the stolen property was found to be below this threshold,…
Case No. 991/4164/23 dated 31/10/2024
The subject of the dispute cannot be determined, as only the introductory and operative parts of the court decision are provided without the descriptive and motivational parts. The court does not provide arguments for the decision made, as the motivational part is absent from the provided text. The Appellate Chamber of…
Subject of the dispute - challenging the decision of the High Council of Justice in a lawsuit filed by an individual. Since the available text contains only the introductory and operative parts of the resolution, without the reasoning part, it is impossible to determine the arguments that guided the court in making its decision.
The Grand…
The court was guided by the fact that the application for review of a court decision on newly discovered circumstances was filed after the expiration of the three-year period from the day the decision entered into legal force. In accordance with the Code of Administrative Judicial Procedure of Ukraine, this term cannot be renewed regardless…
The court, in rendering its decision, was guided by the fact that the High Qualification Commission of Judges (HQCJ) considered the issue of including the judge's application in the agenda of the plenary session, but the commission members voted against its inclusion. The court noted that to recognize inaction as unlawful, the mere fact of…
Subject of the dispute - challenging the acts of the High Qualification Commission of Judges of Ukraine and its inaction. Unfortunately, it is impossible to determine the main arguments of the court from the provided text, as only the introductory and operative parts of the decision are presented, without the reasoning part, where the legal…
Case No. 991/4164/23 dated 31/10/2024
The subject of the dispute cannot be determined, as only the introductory and operative parts of the court decision are provided without the descriptive and motivational parts. The court does not provide arguments for the decision, as the motivational part is absent in the provided text. The Appellate Chamber of the…
Subject of the dispute - challenging the decision of the High Council of Justice in a lawsuit filed by an individual. Since the available text contains only the introductory and operative parts of the resolution, without the reasoning part, it is impossible to determine the arguments that guided the court in making its decision.
The Grand…
The court was guided by the fact that an application for review of a court decision based on newly discovered circumstances may be filed no later than three years from the day the decision entered into legal force. Since the decision entered into legal force on December 5, 2018, and the application was filed only…
The court, in rendering its decision, was guided by the fact that the High Qualification Commission of Judges (HQCJ) considered the issue of including the judge's application in the agenda of the plenary session, but the commission members voted against its inclusion. The court noted that to recognize inaction as unlawful, the mere fact of…
Subject of the dispute - challenging the acts of the High Qualification Commission of Judges of Ukraine and its inaction. Unfortunately, it is impossible to determine the main arguments of the court from the provided text, as only the introductory and operative parts of the decision are presented, without the reasoning part, where the legal…
**Case No. 991/4164/23 dated 31/10/2024**
**Subject of Dispute:** Appeal against the decision of the High Anti-Corruption Court in a case where the defendant is PERSON_1.
**Main Arguments of the Court:** The Appeals Chamber of the High Anti-Corruption Court, after reviewing the appeal by attorney Shpak V.I., concluded that there are no grounds for its satisfaction and that…
1. INDIVIDUAL_1 challenged the decision of the High Council of Justice to deny his claims.
2. The plaintiff, INDIVIDUAL_1, requested the annulment of the decision of the High Council of Justice, while the defendant, the High Council of Justice, defended the legality of its decision.
3. The courts of previous instances denied INDIVIDUAL_1's claim and upheld the…
