Subject of Dispute: Invalidation of a Land Plot Sale and Purchase Agreement, which was Concluded under the Influence of Severe Life Circumstances.
Main Arguments of the Court:
1. To declare a transaction invalid under Article 233 of the Civil Code of Ukraine, a combination of conditions is necessary: the presence of a severe circumstance and the conclusion…
Here is the translation:
1. Subject of Dispute: Recognition of the order on land plot lease as illegal and recovery of a land plot located within the landscape reserve "Pryorilskyi".
2. Main Court Arguments:
- The disputed land plot belongs to the nature reserve fund lands and is located within the landscape reserve of national significance "Pryorilskyi"
- The…
Here is the translation:
Subject of Dispute: Recognition of the Dismissal of a State Enterprise Director as Illegal Due to Revocation of State Secret Clearance
Key Court Arguments:
1. The dispute regarding the dismissal of an employee under paragraph 2 of part one of Article 40 of the Labor Code of Ukraine (due to revocation of state secret…
Subject of Dispute: Return of a Forestry Land Parcel Illegally Alienated from State Ownership.
Main Court Arguments:
1. The court established that the forestry land parcel was illegally transferred from state ownership to private individuals through a series of consecutive legal transactions.
2. The court concluded that the most effective method of protecting the state's right is a…
Subject of Dispute: Recognition of a Garden House as Joint Marital Property and Division of Property after Divorce.
Key Court Arguments:
The court fundamentally changed its approach to interpreting the marriage contract. The key arguments are that the parties in the marriage contract clearly agreed on a separate property regime acquired during the marriage. The court emphasized…
Analysis of the Court Decision:
1. Subject of Dispute: Partial invalidation of inheritance certificates and recognition of ownership rights to a part of a residential house and an unauthorized extension.
2. Main Arguments of the Court:
- The plaintiff claimed that the notary unjustifiably included her share of the house and unauthorized extension in the inheritance estate
- The…
Subject of Dispute: A Military Serviceman Challenges the Decision of the Ministry of Defense Commission Regarding Refusal to Provide a Service Apartment for Permanent Residence.
Main Arguments of the Court:
The Supreme Court considers that a jurisdictional conflict arose between administrative and civil proceedings in this case. Previous court decisions violated the plaintiff's right of access to…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of the mortgagee's (PrivatBank) right to real estate and foreclosure of the mortgaged property due to the debtor's failure to fulfill credit obligations.
2. Main Arguments of the Court:
- The credit agreement from 2007 remains valid, the debtor has not fulfilled their obligations
- Alienation…
Subject of Dispute: Issuance of an Enforcement Order for Compulsory Execution of an Arbitration Court Decision on Debt Recovery from an Individual.
Main Arguments of the Court: The Supreme Court thoroughly analyzed the debtor's status and concluded that he remains a resident of Ukraine, as he has a registered place of residence in Ukraine, is a…
Subject of the Dispute: Recovery of Unjustly Acquired Funds from LLC "Ukrainian Financial Operations" in Favor of the Plaintiff.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly returned the appellate complaint, as the electronic power of attorney formed in the "Electronic Court" subsystem is a full-fledged document confirming the representative's…
Subject of Dispute: Eviction of PERSON_2 and her minor children from an apartment owned by PERSON_1 following foreclosure on the mortgage subject.
Main Arguments of the Court:
1. The court established that the defendants moved into the apartment after the mortgage agreement was concluded without the mortgagee's permission, which violates the requirements of Article 9 of the…
Here is the translation:
1. Subject of Dispute: The Prosecutor's Office sought to recover a land plot of 0.7483 hectares from LLC "A.T.K.", which was illegally withdrawn from state ownership contrary to the land conservation decision.
2. Main Court Arguments:
- The land plot was part of degraded lands subject to conservation through afforestation
- The State Geocadaster order…
Subject of the Dispute: Compensation for Property Damage Caused to a Police Service Vehicle as a Result of a Traffic Accident during Patrol Duty.
Main Arguments of the Court:
The Supreme Court consistently maintains the position that disputes concerning damage caused by an employee during public service are public law matters and subject to administrative court proceedings.…
Subject of the dispute: Deprivation of parental rights of PERSON_3, PERSON_4, and PERSON_5 regarding their minor children PERSON_1 and PERSON_2.
Main arguments of the court:
1. Parents systematically evaded parental responsibilities, children lived in unsatisfactory conditions, the mother used narcotic substances.
2. The Children's Services repeatedly conducted preventive work, but the parents did not change their behavior.
3. The…
Here is the translation:
1. Subject of Dispute: Compensation for damage caused to an individual as a result of an illegal administrative offense report compiled by a patrol police inspector.
2. Key Court Arguments:
- It was established that the report was compiled with violations due to improper accident documentation by the investigator
- The plaintiff suffered moral damage…
Subject of the Dispute: The father of the child is attempting to terminate child support payments in favor of the mother and place the obligation to pay child support on the mother.
Main Arguments of the Court: The Supreme Court found that the previous judicial instances incorrectly considered the claims to be identical. The Court established…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions regarding VAT accrual on the sale of firearms and ammunition parts.
2. Main Court Arguments:
- Legislation provides VAT exemption for defense-purpose goods during martial law.
- The condition of procurement by state customers applies only to "other goods", not the entire list of defense-purpose goods.
- Sale of…
Analysis of the Court Decision:
1. Subject of Dispute: Establishing the fact of cohabitation between a woman and a deceased serviceman without marriage registration to obtain monetary payments.
2. Main Arguments of the Court:
The Supreme Court considers that the courts of previous instances incorrectly left the application without consideration. The court emphasized that improper identification of interested…
Case No. 682/2436/22 dated 13/03/2025
Subject of Dispute: Recognition of ownership rights to a share of a residential house through inheritance after the husband's death.
Key Court Arguments:
1. Plaintiff PERSON_1 is the wife of the deceased PERSON_3 and the sole legal heir.
2. She timely filed an application for accepting the inheritance on October 10, 2013, which is…
The case concerns a dispute over compensation for material damage caused by a police service vehicle during a traffic accident.
The court thoroughly analyzed the jurisdiction of the case and concluded that such disputes should be considered in an administrative procedure, as they are related to assessing the legality of an official's actions during the performance…