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Case No. 400/10114/23 dated 25/02/2025

Here is the translation of the legal analysis: 1. Subject of Dispute: Challenging the decision of the Main Tax Authority regarding the cancellation of VAT taxpayer registration for LLC "Art-Stroi" and the obligation to restore registration. 2. Main Arguments of the Court: The Supreme Court established that the cancellation of the decision on VAT taxpayer registration cancellation…

Case No. 560/14729/23 dated 26/02/2025

Subject of Dispute: Appointment of a Pension for Length of Service to a Person Dismissed from Service in the State Criminal Executive Service. Main Arguments of the Court: The Supreme Court established that the preferential calculation of length of service for employees of the criminal executive service allows for faster acquisition of the necessary years for…

Case No. 240/35668/23 dated 25/02/2025

Here is the translation: Subject of Dispute: Recognition of the Pension Fund's refusal to calculate pension for a person affected by the Chornobyl disaster as unlawful, in full scope. Main Arguments of the Court: 1. The Constitutional Court of Ukraine previously declared the reduction of pensions for Chornobyl disaster victims unconstitutional. 2. The new law, adopted to implement the…

Case No. 161/7088/22 dated 19/02/2025

Here is the translation: 1. Subject of Dispute: Invalidation of the land plot exchange agreement dated March 14, 2008 between PERSON_2 and PERSON_3. 2. Main Arguments of the Court: - The plaintiff PERSON_1 did not prove violation of her rights at the time of concluding the exchange agreement in 2008 - The fact that the parties did not immediately…

Case No. 160/14336/23 dated 25/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the order of the Main Tax Service Directorate regarding conducting an actual inspection and actions related to drawing up an act on the impossibility of conducting an inspection. 2. Main Arguments of the Court: - The court first formulated a clear legal position regarding the content of the inspection…

Case No. 727/6479/19 dated 18/02/2025

Subject of Dispute: Closure of Criminal Proceedings against Three Persons in Connection with the Expiration of Pre-Trial Investigation Terms. Main Arguments of the Court: The Supreme Court established that the criminal proceedings were entered into the Unified Register of Pre-Trial Investigations before March 16, 2018, and therefore are not subject to new procedural rules. The extension…

Case No. 911/266/22 dated 24/02/2025

Here is the translation: 1. Subject of Dispute: Determining the legitimacy of increasing the authorized capital of LLC "Premiori" and changes in participants' shares. 2. Main Arguments of the Court: The court established that the actions of the Company Premiori LTD participant regarding the increase of authorized capital are unlawful for the following reasons: - An additional contribution of…

Case No. 554/5000/23 dated 20/02/2025

Subject of Dispute: Criminal Proceedings against an Individual Who Disseminated Materials on Facebook Denying the Russian Armed Aggression against Ukraine and Containing Calls for Seizure of State Power. Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the consideration of the case by lower courts. Firstly, the court of first instance did…

Case No. 320/9481/23 dated 25/02/2025

Subject of the dispute: Challenging the tax notification-decision of the Main Directorate of the State Tax Service in Kyiv Oblast. Main arguments of the court: The Supreme Court supported the position of the appellate court regarding the missed deadline for filing a lawsuit, as the plaintiff did not comply with the one-month term for appealing the…

Review of Ukrainian Supreme Court’s decisions for 01/03/2025

Case No. 363/112/23 dated 21/02/2025 Subject of Dispute: Invalidation of a Donation Agreement for an Apartment Share, Concluded between Mother and Son. Key Arguments of the Court: 1. The plaintiff did not prove the existence of an error when entering into the donation agreement, as the contract text was clear, the legal consequences were explained to her, and…

Case No. 580/7961/24 dated 25/02/2025

Subject of Dispute: Recalculation of pension for a person affected by the Chornobyl disaster, to the level of 6 minimum old-age pensions. Main Arguments of the Court: The Supreme Court established that legislative changes in 2021 effectively reduced social guarantees for those affected by the Chornobyl disaster, contrary to the Constitutional Court's decision. The court referred…

Case No. 296/4565/17 dated 20/02/2025

Subject of the Dispute: Invalidation of Power of Attorney and Apartment Purchase Agreement, from which the Property Owner Suffered. The Court established that the purchase agreement is not concluded, as the signature on the power of attorney was forged, and the seller's identity was established based on a forged document. However, declaring the agreement invalid is…

Case No. 910/16543/23 dated 20/02/2025

Analysis of the Court Decision: 1. Subject of Dispute: Recovery of debt under a lease agreement and return of leased immovable property. 2. Main Arguments of the Court: - The Defendant (LLC "DU-2019") ceased paying rent from 23.02.2022 - The contract provides the lessor's right to unilateral termination in case of debt - The Plaintiff (JSC "Kyiv Radar Plant") sent…

Case No. 924/498/23 dated 29/01/2025

Here is the translation: 1. Subject of Dispute: Recovery from JSC "Khmelnytskoblenergo" in favor of LLC "Land Management Company "Privat" of payment under the service agreement in the amount of 7,147,231.86 UAH. 2. Main Court Arguments: - The agreement is a service agreement, not a contract of work - Expiration of the agreement term does not terminate the parties'…
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