Here is the translation:
Subject of Dispute: Recalculation of a serviceman's monetary provision for the period from February 2020 to March 2023.
Main Arguments of the Court:
The court essentially changes its previous legal position regarding the calculation of terms for filing a lawsuit. It established that:
1. Until July 19, 2022, the old version of the Labor Code…
Subject of Dispute: Recovery from PrivatBank of the deposit amount and accrued interest under a contract that the bank refuses to execute.
Main Court Arguments:
1. The bank received a statement from the client about terminating the deposit agreement and returning funds, but did not fulfill its obligations.
2. The client did not consent to the transfer of…
Subject of Dispute: Recognition of the Validity of an Apartment Purchase and Sale Agreement and Recognition of Ownership Rights.
Main Arguments of the Court:
The Supreme Court established that at the time of the agreement's conclusion (2002), there was no mandatory notarization requirement for apartment purchase and sale agreements. Moreover, since the agreement was registered at a…
Here is the translation:
Subject of Dispute: Determining the Place of Residence of a Minor Child after Parents' Divorce.
Main Arguments of the Court:
1. The child's mother transported the son to the Russian Federation without the father's consent, violating the parental rights of PERSON_2.
2. Relocating the child to another country creates obstacles for the father's communication with…
Here is the translation of the legal analysis:
1. Subject of Dispute: Invalidation of the village council's decision on land plot transfer to ownership and cancellation of the state ownership certificate.
2. Main Arguments of the Court:
The Supreme Court indicated that invalidating the village council's decision and the state certificate is not an effective method of…
Here is the translation:
1. Subject of Dispute: Invalidation of the apartment purchase and sale agreement, which was acquired during marriage without wife's consent.
2. Main Court Arguments:
- The court established a fundamentally important position: the contract can be declared invalid only if the bad faith of the property acquirer is proven.
Key Points:
- The apartment was purchased…
Subject of Dispute: Determining the Legitimacy of Closing Criminal Proceedings Due to Alleged Violation of Pre-Trial Investigation Timelines.
Main Arguments of the Court: The Supreme Court revealed significant procedural inaccuracies in calculating pre-trial investigation timelines. Firstly, the courts of previous instances incorrectly determined the start of the investigation period. Secondly, the case materials contain two different…
Here is the translation:
1. Subject of Dispute: Claiming a land plot of 10.76 hectares from illegal possession of Farm Enterprise "Dnipro Chornozems" and challenging the contract termination agreement.
2. Main Court Arguments:
- The plaintiff claims that they did not sign the contract terminating the lease agreement dated October 15, 2018
- The court of first instance recognized…
Subject of Dispute: Establishing Methods of Mother's Participation in Son's Upbringing and Recovery of Moral Damages for Bodily Injuries.
Main Arguments of the Court:
1. The court proceeded from the principle that mother and father have equal rights regarding the child, regardless of marriage dissolution.
2. When determining the mother's participation in upbringing, the court was guided by…
Here is the translation:
1. Subject of Dispute: Invalidation of a land plot sale and purchase agreement due to suspicion of fraudulent transaction (legal act aimed at causing harm to the creditor).
2. Main Arguments of the Court:
- The court noted that private law instruments must be used in good faith, without abuse of rights
- The absence…
Subject of the Dispute: Establishing the Legal Fact of a Father's Independent Care and Upbringing of a Minor Child and Declaring the Child's Mother as Missing.
Main Arguments of the Court: The Supreme Court drew attention to the fact that the courts of previous instances incorrectly assessed the application, considering it solely about establishing the fact…
Subject of Dispute: Modification of the Method and Amount of Alimony for the Maintenance of a Minor Son.
Main Arguments of the Court:
1. The court thoroughly analyzed the circumstances of the case and established that the defendant, who is a military serviceperson, did not provide irrefutable evidence of the impossibility to participate in the court proceedings.
2.…
The case concerns the accusation of a driving school instructor for committing a crime related to undue benefit.
Main arguments of the court:
1. The court recognized that evidence in the case was collected with procedural violations, particularly during the crime scene examination and suspect's medical examination.
2. The court indicated that there are no grounds to consider…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Imposing a Penalty for Late Registration of Tax Invoices.
Main Arguments of the Court:
1. The court established that the company registered three tax invoices from August 2022 with a violation of terms - on 05.08.2023, which constitutes a 339-day delay.
2. The court clearly determined…
Subject of Dispute: Dispute Regarding Confirmation of the Reasonableness of a Conditional Administrative Seizure of Property of an Individual Entrepreneur.
Main Arguments of the Court: The Supreme Court clearly defined that the 24-hour period for filing an application to confirm the administrative seizure of property is a preclusive term and cannot be extended or renewed, even…
Subject of Dispute: Recovery of Average Monetary Allowance for Untimely Payment of Compensation for Unissued Property in the Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. The court recognized that the military unit untimely paid compensation for unissued property upon dismissal of the military serviceman.
2. The court deviated from previous judicial practice regarding the…
Subject of Dispute: Ryasne-Ruska Village Council challenges the order of the Cabinet of Ministers of Ukraine on its inclusion in the Lviv United Territorial Community.
Main Arguments of the Court:
1. The court considers that closing the proceedings is premature, as the issue of the legality of terminating the Ryasne-Ruska Village Council as a legal entity is…
Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on applying penalty sanctions for late registration of tax invoices.
2. Main Arguments of the Court:
- For tax invoices prepared before February 1, 2022, and registered until July 15, 2022, penalty sanctions are not applied.
- For tax invoices prepared in October 2022, general rules of…
Subject of Dispute: Challenging a Tax Notification-Decision on Imposing Penalties for Violation of the Procedure for Conducting Settlement Transactions and Issuing Settlement Documents.
Main Arguments of the Court:
1. The court changed its previous position regarding the assessment of grounds for conducting an actual inspection, noting that reference to subsection 80.2.5 of the Tax Code is a…
Here is the translation:
1. Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision Regarding Additional Profit Tax Accrual for Gratuitous Receipt of Natural Gas.
2. Main Court Arguments:
- Between JSC "Ukrtransgaz" and PJSC "Naftogaz of Ukraine" there are discrepancies in natural gas accounting in the volume of 1.386 million cubic meters
- The controlling authority…