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Case No. 520/24195/21 dated 13/02/2025

Subject of the dispute - challenging a tax notification-decision on additional VAT assessment for the farm enterprise "Alliance" for transactions with counterparties. Main arguments of the court: the controlling authority considers the economic transactions to be fictitious, but the courts of previous instances did not conduct an in-depth analysis of the reality of these transactions. The…

Case No. 2-197/11 dated 05/02/2025

Subject of Dispute: Replacement of the Creditor in Enforcement Proceedings under a Credit Agreement. Main Arguments of the Court: The Supreme Court considers that procedural legal succession must have a clear procedural purpose - a real possibility of executing a court decision. The court established that at the time of filing the application, the terms for…

Case No. 756/9295/22 dated 05/02/2025

The case concerns a labor dispute between an employee and the State Enterprise "Administration of Seaports of Ukraine" regarding the unlawful suspension of the employment contract during martial law. The main arguments of the court are that the employer did not prove the existence of legal grounds for suspending the employment contract with the employee, as…

Case No. 910/1221/23 dated 12/02/2025

Subject of Dispute: Invalidation of a Purchase and Sale Agreement for a Share in the Authorized Capital of a Limited Liability Company. Main Arguments of the Court: The Supreme Court established that the dispute regarding corporate rights is subject to consideration in the commercial court, contrary to the previous position of the appellate court about consideration…

Case No. 420/12149/23 dated 13/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the resolutions of the state executor regarding the initiation of enforcement proceedings for collecting an administrative fine from PERSON_1. 2. Main Arguments of the Court: - No proper evidence of receiving the executive document within the legally established timeframe - Territorial jurisdiction violated when initiating enforcement proceedings - Previous courts improperly…

Case No. 240/8787/23 dated 12/02/2025

Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision that Reduced the Negative VAT Amount for LLC "Atlant-Oil 999". Main Arguments of the Court: The Supreme Court drew attention to the fact that the courts of previous instances did not verify the circumstances of the enterprise's failure to provide primary documents during the…

Case No. 380/26337/23 dated 12/02/2025

Subject of Dispute: Recalculation of Pension for a Participant in the Liquidation of the Chornobyl Nuclear Power Plant Accident with Accrual of an Additional Percentage for Overtime Service. Main Arguments of the Court: The Supreme Court established that for persons whose pensions were assigned before October 2017, the right to a preferential procedure for calculating pension…

Case No. 914/3080/20 dated 13/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the actions of the state executor regarding the opening of enforcement proceedings and imposing arrest on the property and funds of the Lviv City Council and its Executive Committee. 2. Main Arguments of the Court: - The court established a procedural violation in notifying case participants: court documents were…

Case No. 920/551/23 dated 11/02/2025

Subject of Dispute: Recovery of Debt under a Real Estate Lease Agreement between JSC "VNDIANEN" and JSC "Nasosenergomash" for a total amount of 11,531,493.51 UAH. Main Arguments of the Court: 1. The court drew attention to the fact that the defendant did not provide convincing evidence of the impossibility of fulfilling contractual obligations due to force majeure…

Case No. 5015/2060/11 dated 12/02/2025

Here is the translation of the legal analysis: 1. Subject of Dispute: Challenging the actions of a private executor regarding the determination of the debt amount in US dollars during the enforcement of a 2011 court decision. 2. Main Arguments of the Court: - The 2011 court decision determined the debt amount in hryvnias with an equivalent in…

Case No. 420/31238/23 dated 13/02/2025

Subject of the dispute - challenging the refusal of the Main Directorate of the National Police to include preferential service years in the calendar service years and police service length. Main arguments of the court: The Supreme Court referred to its previous decisions, which clearly defined that for persons who applied after 19.02.2022, pension assignment is…

Case No. 127/12891/20 dated 21/08/2024

Subject of Dispute: Granting the Right to Apply to Urban Planning Authority for Obtaining a Construction Passport without the Consent of a Co-Owner of Real Estate. Main Arguments of the Court: 1. The method of rights protection chosen by the plaintiff is not effective and will not lead to a real solution for obtaining a construction passport. 2.…

Case No. 308/1060/17 dated 05/02/2025

Subject of Dispute: Reclaiming a Land Parcel Located within the "Red Line" of a Street from Private Ownership in Favor of the Territorial Community of Uzhhorod City. Main Arguments of the Court: The court noted that the appellate court erroneously rejected the prosecutor's claim without investigating the circumstances of the illegal alienation of the land parcel from…

Review of Ukrainian Supreme Court’s decisions for 16/02/2025

Case No. 639/4094/15-c dated 10/02/2025 Subject of Dispute: Recognition of Ownership Right to a Part of a Residential House and Its Recovery from the Current Owner through Inheritance Procedure. Key Court Arguments: 1. The plaintiff is an heir to 1/3 of a residential house after the death of her father, who previously inherited the property from his father. 2.…

Case No. 640/456/20 dated 12/02/2025

Here is the translation of the legal text summary: 1. Subject of Dispute: Challenging the decision of the personnel commission regarding unsuccessful certification of a prosecutor and the order of dismissal. 2. Main Arguments of the Court: - The personnel commission did not provide the plaintiff an opportunity to submit written explanations regarding the vehicle acquisition - The commission's…

Case No. 420/11959/23 dated 12/02/2025

Subject of Dispute: Dispute regarding the legitimacy of imposing penalties on LLC "Favoryt-Bud-Izmail" for storing fuel without the appropriate license. Main Arguments of the Court: 1. The court drew attention that to qualify the offense, it is necessary to clarify the place and method of fuel storage, the purpose of its acquisition, technical characteristics of the equipment,…

Case No. 320/11200/22 dated 12/02/2025

Subject of Dispute: Determination of the Monthly Pension Increase for a Non-Working Pensioner Residing in a Radioactively Contaminated Area as a Result of the Chornobyl Catastrophe. Main Arguments of the Court: The Supreme Court was guided by the conclusions of the Grand Chamber, which established that after the Constitutional Court's decision of 17.07.2018 No. 6-r/2018, the…

Case No. 240/18400/23 dated 12/02/2025

Here is the translation: Subject of Dispute: The prosecutor filed a lawsuit demanding that the municipal enterprise bring the protective structure into a state of readiness. Key Arguments of the Court: 1. The prosecutor can represent the interests of the state in court only in two cases: when the authority does not exercise protection or such authority is…
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