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…
The court was guided by the fact that the decision of the High Qualification Commission of Judges regarding a judge's non-compliance with the occupied position does not have independent legal consequences, but is part of a single qualification proceeding. Such a decision can be appealed only together with the decision of the High Council of…
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 those subject to appeal under Article 309 of the Criminal Procedure Code, they…
Case No. 754/15954/20 dated 20/11/2024
Subject of the dispute - challenging the decision to release a person from criminal liability due to the expiration of statute of limitations for forgery of a seal and an investment agreement. The Court of Cassation Instance established that lower courts made significant violations because: 1) the issue of release from…
Case No. 908/3077/21(908/939/23) dated 05/11/2024
The cassation instance court established that the courts of previous instances did not properly investigate the circumstances regarding the legality of notarial actions performed by a private notary outside of their office, did not assess the existence of criminal proceedings against the notary for fraud-related articles, and did not take into…
Subject of the dispute is the Pension Fund's refusal to recalculate the pension for the liquidator of the Chornobyl Nuclear Power Plant accident with an increase of 1% for each year of service over 20 years. The court was guided by the fact that legislative changes in 2017 cannot worsen the rights of a person…
The court concluded that orders not listed in Article 294 of the Administrative Procedure Code of Ukraine may be appealed separately from the court's decision if they impede further proceedings in the case and the person cannot restore their rights in any other way. The court took into account that the prolonged non-resolution of the…