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Case No. 524/11562/21 dated 26/03/2025

Subject of Dispute: Invalidation of the Apartment Purchase and Sale Agreement and Cancellation of Property Ownership Registration. Main Arguments of the Court: The court deviates from previous practice and indicates that a representative may act in the interests of heirs even after the principal's death, if this is related to urgent matters or prevention of damages. In…

Case No. 160/14599/23 dated 01/04/2025

The case concerns the appeal of a tax notification-decision on imposing a fine for late registration of tax invoices. Key arguments of the court: 1. During the martial law and quarantine period, special rules for tax invoice registration were provided. In particular, a moratorium on penalties was in effect from March 1, 2020, to May 26, 2022. 2.…

Case No. 260/10920/23 dated 02/04/2025

Subject of Dispute: A Serviceman's Right to Compensation for Loss of Income Due to Violation of Indexation Payment Terms for Monetary Allowance. Main Arguments of the Court: 1. Indexation and compensation funds are a component of wages with a compensatory nature, aimed at maintaining the employee's real income level. 2. The court deviates from previous practice and considers…

Case No. 400/15321/23 dated 01/04/2025

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…

Case No. 735/952/24 dated 01/04/2025

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…

Case No. 320/18113/23 dated 02/04/2025

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…

Case No. 380/6549/24 dated 01/04/2025

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…

Case No. 520/4082/2020 dated 01/04/2025

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…

Review of Ukrainian Supreme Court’s decisions for 06/04/2025

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 -…

Case No. 740/2873/22 dated 12/03/2025

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…

Case No. 363/263/19 dated 19/03/2025

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…

Case No. 394/143/23 dated 19/03/2025

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…

Case No. 335/10236/23 dated 12/03/2025

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…

Case No. 359/2836/23 dated 26/03/2025

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…

Case No. 240/4880/23 dated 31/03/2025

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…

Case No. 910/19635/23 dated 02/04/2025

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…

Case No. 440/7207/21 dated 31/03/2025

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…

Case No. 320/789/23 dated 31/03/2025

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…
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