Subject of Dispute: Challenging the State Executor's Ruling on Initiating Enforcement Proceedings for Alimony Collection.
Main Arguments of the Court: The Supreme Court supported the position of the appellate court that the state executor is not obligated to additionally verify the debtor's place of residence when initiating enforcement proceedings. The court proceeded from the fact that…
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1. Subject of Dispute: Recalculation of pension for a person who was seconded from military service to the prosecutor's office, based on a certificate of monetary compensation.
2. Main Arguments of the Court:
- Newly discovered circumstances are legal facts that existed during the initial case review but were not known to the process…
Subject of Dispute: Municipal Enterprise "Kharkiv Heating Networks" challenges a tax notification-decision on imposing a penalty for late payment of value-added tax.
Main Court Arguments: The Supreme Court indicated that to apply a penalty under paragraphs 124.2 and 124.3 of the Tax Code, the controlling authority must prove the taxpayer's intent. In this case, the inspection…
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1. Subject of Dispute: Challenging the Illegality of Provisions in the Vinnytsia City Council Decision on Terminating the Permanent Land Use Right of a UOC Religious Community.
2. Key Court Arguments:
The court confirmed the previous legal position that a religious organization which has not changed its name in accordance with the law on…
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1. Subject of Dispute: Recovery of 7,236,000 UAH in damages from the state budget, allegedly caused by unlawful actions of the Kyiv Customs during cargo clearance.
2. Main Arguments of the Court:
- The plaintiff paid penalty sanctions to the carrier for vehicle downtime
- However, the court established that these sanctions had no legal…
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1. Subject of Dispute: Recognition of Monetary Claims of Creditors in the Bankruptcy Case of the State Enterprise "Research Farm 'Peremoga'".
2. Main Arguments of the Court:
- The court confirmed the monetary claims of LLC "Zakhid-Agro-Tekhnika" and LLC "LIV-Tekhnik", as they are confirmed by court decisions.
- The court noted that indisputable creditor claims…
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1. Subject of Dispute: Challenging the illegal state registration of private ownership rights by JSC "Ukrposhta" for a non-residential premises previously owned by the state.
2. Main Court Arguments:
- Corporatization of a state enterprise is not privatization
- Transfer of property to the authorized capital does not change the…
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Case No. 1416/7113/12 dated 26/02/2025
Subject of Dispute: Challenging an in absentia court decision on debt recovery under a credit agreement.
Main Arguments of the Court:
1. The Court of Appeal incorrectly determined the term for appeal, mistakenly believing it to be 10 days.
2. According to current procedural legislation, the term…
Brief Analysis of the Court Decision:
1. Subject of Dispute: Invalidation of purchase and sale agreements for a residential house and land plot in terms of the buyer and recovery of property.
2. Key Arguments of the Court:
The Supreme Court pointed out the fundamental impossibility of invalidating the contract "in terms of the buyer". The courts of…
Subject of Dispute: Recovery of penalty for delay in putting the house into operation from the company that carried out construction investment.
Main Arguments of the Court: The Supreme Court established that the plaintiff, as a consumer, must be exempted from paying court fees at all stages of the judicial process, as their claim relates to…
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1. Subject of Dispute: Recovery of damages from the Deposit Guarantee Fund in the amount of 19,973,153.20 UAH due to the seizure of a land plot sold during the bank's liquidation.
2. Main Court Arguments:
- The Fund has been managing the property of PJSC "Erde Bank" since 10.01.2013
-…
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1. Subject of Dispute: Recovery of debt under a natural gas supply agreement and accrued penalty sanctions from a budgetary institution.
2. Key Arguments of the Court:
- The Defendant partially failed to fulfill obligations due to territory occupation
- The Court considered the complex circumstances of wartime and reduced the amount of penalty sanctions
-…
Subject of Dispute: Challenging the Actions of a Private Executor and Procedural Issues Regarding Terms and Procedure for Filing an Appeal.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly applied procedural norms when refusing to open appellate proceedings. The court noted that sending documents via email cannot replace official notification…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recovery of monetary funds for non-fulfillment of a supply contract for peat and carbon briquettes between a military unit and an individual entrepreneur.
2. Main Arguments of the Court:
- The Respondent partially supplied goods for the amount of 2,604,568.00 UAH against a preliminary payment of…
Subject of Dispute: Challenging a Tax Notification-Decision of the Large Taxpayers Office of the State Tax Service regarding violation of tax invoice registration deadlines.
Main Arguments of the Court: The court established that during the inspection, the controlling authority improperly documented the circumstances of untimely registration of several tax invoices, as they fell outside the inspection…
Subject of Dispute: Limited Liability Company "Lviv Invest Group 1" challenges tax notifications-decisions of the Main Directorate of the State Tax Service in Lviv Oblast regarding the application of financial sanctions for violation of settlement transaction procedures.
Main Arguments of the Court: The Supreme Court indicated that the courts of previous instances incorrectly evaluated evidence and…
Subject of Dispute: Invalidation of Agreements on the Acquisition of PrivatBank Shares, Concluded during the Bank's Market Exit Procedure in December 2016.
Main Court Arguments:
1. The court established that the plaintiff's chosen method of protection (invalidation of agreements) is ineffective, as it cannot restore the rights of the former shareholder.
2. The court referred to the European…
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1. Subject of Dispute: Criminal Proceedings Regarding Assistance in Receiving an Unlawful Benefit by an Official in a Particularly Large Amount.
2. Key Arguments of the Court:
- The plea agreement meets the requirements of legislation
- The accused sincerely repented and admitted guilt
- There is a public interest in the swift consideration of the…
Subject of Dispute: Labor Dispute Regarding Employer's Compliance with Legislation When Refusing Termination of Employment Contract at Employee's Initiative Based on Part Three of Article 38 of the Labor Code of Ukraine.
Main Arguments of the Court:
1. The court recognized that non-payment of insurance amounts for sick leave certificates may be grounds for terminating the employment…
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1. Subject of Dispute: The prosecutor challenged the decision of the Kherson City Council regarding the transfer of a land plot to LLC "VLADI-MYR PLUS" and the lease agreement for this land plot.
2. Main Arguments of the Court:
- Declaring the council's decision invalid, which has already been executed (lease agreement signed), is…