Subject of Dispute: Challenging the Tax Authority's Decision to Refuse Registration of Tax Invoices for LLC "Komo-Export".
Main Arguments of the Court:
The court drew attention to the fundamentally new algorithm of interaction between the taxpayer and the controlling authority, introduced by the order of the Ministry of Finance dated January 12, 2023. In particular, the tax…
Here is the translation:
1. Subject of Dispute: Challenging the decision of the Kherson City Military Administration to refuse to review the consumer's application regarding disconnection from centralized heating.
2. Main Arguments of the Court:
The court established that the plaintiff, as a consumer, has the right to be exempt from court fees in accordance with the Law…
Subject of Dispute: Recognition of Inheritance as Unclaimed and Transfer of Ownership to Dnipro City Council.
Main Arguments of the Court:
1. The Supreme Court deviated from previous practice and established that in the case of alienation of inherited property, the territorial community is entitled only to monetary compensation, not the property itself.
2. The Court concluded that…
Subject of the dispute: Claiming a residential apartment from unlawful possession due to the fact that it was alienated from the plaintiff's ownership against her will.
Main arguments of the court: The court established that at the moment of the initial case review, the defendant PERSON_2 was the owner of the apartment, but during the appellate…
Subject of Dispute: Challenging the Decisions of the Hirske Village Council on Approving the General Plan of Hirske Village and Including Farmyard Lands within the Boundaries of the Settlement.
Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly examined the case, as they did not adhere to the special…
Case No. 910/628/20 dated 17/03/2025
Subject of Dispute: Recognition of monetary claims by LLC "Agri-Alpha" in the amount of 31,174,733.00 UAH in the bankruptcy case of PJSC "Rayiz Company".
Main Court Arguments:
1. Previous instance courts incorrectly assessed primary documents confirming the economic transaction, focusing only on formal deficiencies in expense invoices.
2. Courts did not investigate the reality…
Subject of the Dispute: Challenging the Decision of the High Council of Justice on Temporary Suspension of a Judge from Administering Justice for a Period of Three Months.
Main Arguments of the Court: The Court established that the decision on imposing a disciplinary sanction was cancelled by the Grand Chamber of the Supreme Court, which indicated…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions on penalty sanctions for late registration of tax invoices by the company "Lyustdorf".
2. Main Arguments of the Court:
- The court drew attention to legislative changes introduced by Law No. 2876-IX dated 12.01.2023, which mitigated tax liability during martial law. The judges believe that previous…
Subject of Dispute: Invalidation of the Land Lease Agreement for Water Fund Land and Its Return to the State.
Main Arguments of the Court:
1. The Bila Tserkva District State Administration did not have the authority to lease the land plot, as it incorrectly equated the concepts of "water management" and "fish farming".
2. The lease agreement was…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recovery of a penalty of 12,109,500 UAH for the delivery of low-quality reinforced concrete slabs PAG-14.
2. Main Arguments of the Court:
- The plaintiff did not prove that the delivered slabs have real technical defects
- Certificates of conformity confirm the quality of the goods
- The…
Here is the translation:
1. Subject of Dispute: Recovery of 2,072,205 UAH for unjustly received funds under thermal energy supply agreements due to incorrect tariff application.
2. Key Court Arguments:
The Supreme Court indicated that courts of previous instances incorrectly qualified legal relations. If parties have concluded a contract, but one party has paid more than provided for…
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1. Subject of Dispute: Challenging the Pension Fund's refusal to calculate and pay a full pension to a person with disability resulting from the Chornobyl catastrophe.
2. Key Court Arguments:
- The Constitutional Court of Ukraine declared unconstitutional the previous legislative regulation that reduced social guarantees for those affected by the Chornobyl catastrophe.
- The…
Subject of Dispute: Termination of State Property Lease Agreement and Eviction of Tenant in Connection with Sanctions Applied to the Ultimate Beneficial Owner.
Main Arguments of the Court:
- The Supreme Court for the first time formulated a position that the application of sanctions to the ultimate beneficial owner may be grounds for terminating a state property…
Subject of Dispute: Invalidation of a Unilateral Legal Transaction - Statement of Set-off of Counterclaim Homogeneous Requirements.
Main Arguments of the Court:
1. In case No. 638/16545/20, the fact of the loan repayment due date for PERSON_2 before LLC "Lutsk Agrarian Company" was already established.
2. The supplementary agreement dated 26.12.2019 on extending the loan repayment period until…
Subject of the dispute: Recognition of the unlawful inaction of an individual entrepreneur regarding the failure to prepare a civil protection shelter.
Main arguments of the court:
1. The State Emergency Service and local self-government bodies do not have legally defined powers to independently file a lawsuit about bringing the protective structure into proper condition.
2. The prosecutor…
Case No. 991/1186/25 dated 28/03/2025
Subject of Dispute: Consideration of PERSON_1's appellate complaint against the High Anti-Corruption Court's ruling on securing a claim regarding recognition of assets as unjustified and their recovery to state revenue.
Main Arguments of the Court: The court thoroughly analyzed the appellate complaint and concluded that there are no grounds for its satisfaction.…
Subject of Dispute: Recovery of Penalty from LLC "Kyivrianta" for Late Submission of Net Income Certificates under the Lease Agreement for Premises at Boryspil Airport.
Main Court Arguments:
1. The Defendant did not provide properly executed net income certificates for the period from March 2022 to September 2023, which constitutes a breach of contract terms.
2. The Court…
Subject of Dispute: Recovery of Debt for Electricity Transmission Services from LLC "Kramatorskteploenergo" in Favor of PJSC "NEC "Ukrenergo".
Main Arguments of the Court: The Supreme Court established that the previous courts incorrectly applied Article 254 of the Civil Code of Ukraine to contractual legal relations, as the parties independently determined the terms of performance of…
Subject of Dispute: Determination of the Minimum Value of Stolen Property Triggering Criminal Liability for Theft.
Main Arguments of the Court: The Supreme Court established that when determining criminal liability for theft, it is necessary to consider the amount of the non-taxable minimum income of citizens at the time of the offense. In this case, as…
Here is the translation:
1. Subject of Dispute: Criminal Case of Robbery, Theft, and Possession of Narcotic Substances Committed by PERSON_8 and PERSON_9.
2. Main Arguments of the Court:
- The court established that PERSON_8 and PERSON_9 committed a robbery against PERSON_11 and PERSON_12, during which they threatened with a knife and seized property from the victims totaling…