**Case No. 354\/917\/23 dated 27\/11\/2025**<\/p>\n
1. The subject of the dispute is the recognition as invalid of the contracts of sale of land plots concluded between PERSON_1 and PERSON_2, and the return of these plots to the state through the Ivano-Frankivsk Regional State Administration and the Carpathian National Nature Park.<\/p>\n
2. The court justified its decision by the fact that PERSON_1 illegally acquired ownership of a land plot that is actually part of the territory of the Carpathian National Nature Park, which is land of the nature reserve fund that cannot be privately owned; the Yablunytsia Village Council did not have the authority to transfer land in the permanent use of the Carpathian National Nature Park to private ownership without its withdrawal in the prescribed manner; the absence of legal grounds for PERSON_1 to acquire ownership of the land means that the state has not lost ownership of this plot, and, accordingly, PERSON_1 had no right to alienate it; the return of the plots to state ownership is a legitimate goal aimed at protecting public interests, in particular the preservation of a unique ecosystem; an effective way to protect the right of ownership of lands of the nature reserve fund is a negatory action, to which the statute of limitations does not apply, since the violation continues. The court also took into account the expert’s opinion, which confirmed the overlapping of the disputed land plots with the territory of the Carpathian National Nature Park.<\/p>\n
3. The court dismissed the cassation appeal and upheld the decisions of the courts of previous instances.<\/p>\n
**Case No. 824\/46\/25 dated 20\/11\/2025**<\/p>\n
1. The subject of the dispute is the application of HIMBALT TRADE OU for recognition and permission to enforce the decision of the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry regarding the recovery of debt, penalties, three percent per annum, arbitration fee and legal aid costs from SM DISTRIBUTION LLC.<\/p>\n
2. The Supreme Court agreed with the decision of the appellate court, noting that SM DISTRIBUTION LLC did not prove circumstances that could be the basis for refusing recognition and permission to enforce the ICAC decision. The court emphasized that it does not review the ICAC decision on the merits of the dispute, but only checks compliance with procedural requirements. The arguments of SM DISTRIBUTION LLC regarding the connection of HIMBALT TRADE OU with the russian federation and violation of public order of Ukraine were not confirmed by proper evidence, and reference to the ruling of the Kyiv Court of Appeal in another case is not sufficient proof of these circumstances. The court also noted that the requirements of Resolution No. 187 do not restrict foreign companies in the right to receive debt repayment if their beneficial owners are not citizens of aggressor countries, and the fulfillment of obligations to them is not carried out for r
\nappropriation of funds from the State Budget of Ukraine.<\/p>\n
3. The court decided to dismiss the appeal of “SM DISTRIBUTION” LLC and upheld the ruling of the Kyiv Court of Appeal on the recognition and granting of permission for the enforcement of the ICAC decision.<\/p>\n
Case \u2116443\/1807\/20 dated 11\/26\/2025<\/strong><\/a> 2. The court of cassation upheld the verdict, emphasizing that the courts of previous instances reasonably found the person guilty of entering false information into protocols on administrative offenses, based on the totality of evidence, including the testimony of the victim, witnesses, Unified Accounting materials, expert opinions, and other documents. The court noted that the appellate court thoroughly checked the arguments of the defense’s appeal and gave them due assessment, refuting them. The court of cassation emphasized that the report of a police officer cannot be the sole evidence of a person’s guilt in committing an administrative offense in the absence of other evidence. The court also rejected the defense’s arguments about the formal consideration of the case by the appellate court, pointing to the appellate court’s thorough analysis of all the arguments of the appeal.<\/p>\n 3. The Supreme Court upheld the judgment of the court of first instance and the decision of the appellate court regarding the conviction of a person under Part 1 of Article 366 of the Criminal Code of Ukraine, and dismissed the cassation appeal of the defense.<\/p>\n Case \u2116645\/4248\/24 dated 11\/11\/2025<\/strong><\/a> 2. The court of cassation, considering the cassation appeal of the defense counsel, concluded that the courts of previous instances incorrectly qualified the actions of the convicted person as intentional homicide, since the existence of intent to deprive the victim of life had not been proven. The court noted that in order to distinguish homicide from intentional infliction of grievous bodily harm resulting in death, it is necessary to take into account the subjective attitude of the perpetrator to the consequences of his actions. In this case, under the established circumstances, the convicted person acted with an unspecific intent to inflict bodily harm, and treated the victim’s death negligently. The court also took into account the method, instrument of the crime, the number, nature and localization of bodily injuries, as well as other circumstances of the case. Considering these circumstances, the court of cassation reclassified the actions of the convicted person to Part 2 of Article 121 of the Criminal Code of Ukraine (intentional grievous bodily harm resulting in the death of the victim), but left the imposed sentence in the form of deprivationfor a term of 8 years, considering it necessary and sufficient for the correction of the convicted person and the prevention of new crimes.<\/p>\n 3. The court of cassation changed the court decisions, reclassifying the actions of the convicted person from Part 1 of Article 115 of the Criminal Code of Ukraine to Part 2 of Article 121 of the Criminal Code of Ukraine, but left unchanged the imposed punishment in the form of imprisonment for a term of 8 years.<\/p>\n Case No. 910\/2863\/24 dated 11\/26\/2025<\/strong><\/a> The court of cassation upheld the decisions of the courts of previous instances, which satisfied the claim, reasoning that the courts fully and comprehensively investigated the circumstances of the case, properly assessed the evidence, established the fact of delivery of goods and provision of services to the defendant for a total amount of UAH 9,738,035.86, as well as partial payment of this amount by the defendant. The court rejected the arguments of the cassation appeal regarding the inadequacy of the primary documents, referring to the existence of other evidence confirming the fact that the defendant accepted the goods and services, in particular, reconciliation statements, extracts from the plaintiff’s bank account, and tax invoices. The court also rejected the arguments about the unreasonable refusal to order a handwriting examination, noting that establishing the authenticity of the defendant’s director’s signature on the disputed primary documents was not decisive for the case, given the existence of other evidence of the defendant’s acceptance of goods and services. The court also emphasized that the defendant did not provide any evidence to refute the fact that the plaintiff supplied the goods and services.<\/p>\n The court dismissed the cassation appeal and upheld the decisions of the courts of previous instances.<\/p>\n Case No. 345\/4020\/24 dated 11\/05\/2025<\/strong><\/a> 2. The court of appeal, whose decision was being reviewed, proceeded from the fact that the child’s temporary departure abroad cannot restrict the father’s right to communicate with the child, especially considering that the father is of conscription age and cannot leave Ukraine. The court took into account the need to maintain family relations and emotional contact between the father and the child. The court also noted that the mother does not have the right to prevent the father from communicating with the child if it does not harm her development, and that restoring emotional contact between the child and the father is a priority. The court established methods of communication, including video communication, telephone communication, and personal meetings once every six months on the territory 3. The Supreme Court dismissed the cassation appeal without satisfaction and upheld the appellate court’s ruling.<\/p>\n Case No. 202\/6421\/21 dated 20\/11\/2025<\/strong><\/a> Case No. 317\/5530\/23 dated 01\/12\/2025<\/strong><\/a> **Case No. 908\/1782\/24 dated 11\/19\/2025**<\/p>\n 1. The subject of the dispute is the appeal against the decision of the appellate commercial court to reduce the amount of accrued interest for delay in fulfilling a monetary obligation in a bankruptcy case.<\/p>\n 2. The court of cassation upheld the decision of the appellate court, which reduced the amount of interest from 100% to 3%, guided by the principles of fairness, good faith, and reasonableness, and taking into account the specific circumstances of the case, such as the excessive amount of liability, the application of three types of liability simultaneously, the lack of evidence of damages to the creditor, and force majeure circumstances (quarantine and martial law). The court noted that the accrual of interest at a rate of 100%, which is almost twice the principal debt, is not reasonable and fair, especially given the application of two additional types of property liability, and that reducing the interest to 3% will ensure a balance of interests of both parties. The court also emphasized that the right to reduce the amount of liability is an exception based on public order and ensuring fairness, and that the parties cannot, referring to the principle of freedom of contract, agree that their relations will be governed by a certain rule of law of their choice, and not by the rule that regulates their relations based on the legal nature of the latter. The court also agreed with the conclusion of the previous instances that the interest belongs to the fourth priority of creditors’ claims, since they are not penalties.<\/p>\n 3. The Supreme Court dismissed the cassation appeal, and the decision of the appellate court was upheld.<\/p>\n **Case No. 686\/9819\/24 dated 12\/01\/2025**<\/p>\n 1. The subject of the dispute is the legality of the transfer into private ownership of a land plot for forestry purposes, which, according to the prosecutor, is partially in the permanent use of a state forestry enterprise.<\/p>\n 2. The court of cassation agreed with the conclusion of the appellate court that the prosecutor had chosen an ineffective method of protecting the violated right, namely a negatory claim for the return of the land plot, since the disputed plot had left the possession of the state and the right of ownership to it was registered to a private person; in this case, the proper method of protection is a vindication claim for the recovery of property from someone else’s illegal possession. The court noted that the purpose of a vindication claim is to ensure the owner’s entry into possession of the property of which he was illegally deprived, which in the case of real estate consists in making an entry on the state registration of the right of ownership for the plaintiff. 3. The court dismissed the cassation appeal and left the decisions of the previous instances unchanged.<\/p>\n Case No. 990\/148\/24 dated 20\/11\/2025<\/strong><\/a> 2. The court, upholding the decision of the HQCJ to refuse the recommendation, proceeded from the fact that the assessment of the candidate’s integrity is a discretionary power of the HQCJ, and the court cannot substitute the Commission’s assessment. The court noted that there are reasonable doubts about the candidate’s compliance with the criteria of integrity due to discrepancies between the declared and real value of the property, non-declaration of an unfinished construction object, the use of cash payments without documentary registration, as well as the failure to indicate the wife’s apartment in the declaration. The court emphasized that even formally lawful actions of the candidate may be regarded by the Commission as incompatible with high public expectations regarding judicial behavior. The court also rejected the plaintiff’s arguments about procedural violations and discrimination, since the Commission provided an opportunity to provide explanations and documents, and the integrity assessment is individual and comprehensive. The court emphasized that the Commission acted within its powers, and its decision is sufficiently motivated and justified.<\/p>\n 3. The court dismissed the appeal and left the decision of the court of first instance unchanged.<\/p>\n Case No. 361\/6116\/14-\u0446 dated 22\/10\/2025<\/strong><\/a> 2. The Grand Chamber of the Supreme Court granted the application for review of court decisions based on exceptional circumstances, taking into account the ECHR decision in the case of “Person_1 v. Ukraine”, which established a violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, namely the right to a fair trial. The court found that the national courts did not ensure proper notification of the applicant about the consideration of the case, which deprived her of theto present their arguments. The court of cassation instance did not correct these violations, despite the applicant’s arguments. The Grand Chamber of the Supreme Court emphasized that the procedural violations established by the ECHR cast doubt on the outcome of the appeal and cassation reviews of the case. Considering the impossibility of establishing the circumstances of the case by the Grand Chamber of the Supreme Court, the only way to restore the applicant’s rights is to ensure a repeated appeal review of the case.<\/p>\n 3. The Court reversed the decision of the Kyiv Oblast Court of Appeal and the ruling of the High Specialized Court of Ukraine for Civil and Criminal Cases and remanded the case for a new trial to the court of appeal.<\/p>\n Case No. 206\/2129\/22 dated 01\/12\/2025<\/strong><\/a><\/p>\n 1. The subject of the dispute is the recognition of the termination of the loan agreement and the mortgage agreement, the cancellation of records on the encumbrance of real estate, and the recovery of the originals of title documents.<\/p>\n 2. The court of cassation instance agreed with the conclusions of the courts of previous instances that the plaintiff had fully repaid the debt under the loan agreement, which is the basis for the termination of both the loan agreement and the mortgage agreement. Also, the court of cassation instance emphasized that the company “Ukraine Mortgage Loan Finance No. 1 Plc”, to which the bank assigned the right to claim under the loan agreement, did not have a license to conduct credit activities in Ukraine, and therefore, did not have the right to accrue and collect interest and commissions from the plaintiff. The court rejected the arguments of the cassation appeal regarding the absence of evidence of full performance of obligations under the loan agreement, noting that they amounted to a reevaluation of evidence, which is not within the competence of the cassation court. The court also emphasized that the courts of previous instances reasonably recovered legal aid costs from the bank, as the plaintiff provided relevant evidence of incurring these costs, and the bank did not provide objections regarding their amount.<\/p>\n 3. The Supreme Court dismissed the bank’s cassation appeal and upheld the decisions of the previous instance courts.<\/p>\n Case No. 308\/8382\/21 dated 25\/11\/2025<\/strong><\/a><\/p>\n 1. The subject of the dispute is the recognition as illegal of the decision of the local self-government body to transfer the land plot into ownership and the reclamation of this plot in favor of the territorial community.<\/p>\n 2. The court refused to satisfy the prosecutor’s claim, since at the time of the acquisition of the land plot by the ultimate acquirer, the previous owner had no restrictions on its alienation, and the recovery of property from a bona fide acquirer without compensation would violate Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. The court took into account that the ultimate acquirer purchased the plot under a paid contract, acted in good faith, and could not know about possible violations. 3. The court of cassation left the cassation appeal without satisfaction, and the decisions of the courts of previous instances – without changes.<\/p>\n Case No. 357\/3962\/22 dated 11\/26\/2025<\/strong><\/a> 2. The court, granting the claim, proceeded from the fact that at the time of the marriage, the plaintiff’s grandson suffered from a mental disorder due to drug addiction, which is confirmed by the conclusion of a forensic psychiatric examination. The court took into account that voluntariness is one of the basic principles of marriage, and violation of this condition is grounds for recognizing the marriage as invalid. The court noted that a person’s consent is not considered free if, at the time of marriage registration, they suffered from a severe mental disorder, as a result of which they did not fully realize the significance of their actions and could not control them. The court also took into account that the plaintiff, as the deceased’s grandmother, has the right to apply to the court, since her property rights, as an heir, are violated in connection with the conclusion of this marriage. The court rejected the arguments of the defendant’s cassation appeal, since they amounted to a revaluation of the evidence, which the court of cassation does not have the right to agree with.<\/p>\n 3. The court of cassation left the cassation appeal without satisfaction, and the decision of the court of appeal – without changes.<\/p>\n Case No. 127\/9179\/20 dated 08\/07\/2024<\/strong><\/a> 2. The court of cassation agreed with the conclusions of the courts of previous instances that the plaintiff’s reinstatement was carried out in compliance with the requirements of labor legislation, and the orders on amendments to the staffing table and on reinstatement do not violate the plaintiff’s rights. The court noted that the main criterion for determining the validity of the reasons for the employee’s absence from work is the existence of objective circumstances independent of the employee’s will. In this case, the plaintiff’s actions were subjective in nature, and the employee and the employer must act in good faith. The court also took into account that the plaintiff was aware of his reinstatement, but by his actions 3. The Supreme Court dismissed the cassation appeal and upheld the decisions of the previous instances.<\/p>\n **Case No. 930\/3451\/23 dated 27\/11\/2025**<\/a> The court of cassation instance, granting the defense counsel’s cassation appeal, was guided by the fact that after the commission of the crime, namely the theft of property from a store in the amount of UAH 907, amendments were made to the legislation that decriminalized the act, that is, transferred it from criminal liability to administrative liability, since the value of the stolen property did not exceed two non-taxable minimum incomes of citizens. The court took into account that at the time of the consideration of the case in cassation proceedings, the act committed by the convicted person no longer fell under the elements of a criminal offense under Part 4 of Article 185 of the Criminal Code, and therefore, the criminal proceedings are subject to closure on the basis of paragraph 4-1 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine. The court also took into account the position of the convicted person, who pleaded guilty, and the position of the defense counsel, who asked to close the proceedings. In addition, the court noted that it has the right to go beyond the cassation claims if this does not worsen the position of the convicted person, and also overturned the verdict of the court of first instance.<\/p>\n The court overturned the verdicts of the courts of first and appellate instances and closed the criminal proceedings on the basis of the loss of validity of the law establishing the criminal illegality of the act.<\/p>\n **Case No. 548\/696\/24 dated 01\/12\/2025**<\/a> 2. The court of appeal, overturning the decision of the court of first instance, proceeded from the fact that JSC “GDS “Poltavagaz” did not prove the need to install a duplicate gas meter to increase the reliability and accuracy of measurements of the volume of natural gas, as provided for by the Gas Distribution System Code. The court noted that the installation of the duplicate meter took place without proper agreement with the consumer, in the presence of a working gas meter in the house, installed on the basis of the contract. The court also took into account that there is an unfulfilled court decision obliging JSC “GDS “Poltavagaz” to restore gas supply to the consumer’s house. The Court of Appeal emphasized that the company did not substantiate the existence of grounds for installing a duplicate meter, despite the provisions of the Gas Distribution System Code, and did not comply with the court decision regarding the restoration of gas supply.<\/p>\n 3. The Supreme Court upheld
\n1. The subject of the dispute is the appeal against the verdict regarding a person convicted of entering knowingly false information into official documents (Part 1 of Article 366 of the Criminal Code of Ukraine).<\/p>\n
\n1. The subject of the dispute is the appeal against the judgment of the court of first instance and the decision of the appellate court regarding the conviction of a person under Part 1 of Article 115 of the Criminal Code of Ukraine (intentional homicide).<\/p>\n
\nThe subject of the dispute in this case is the recovery from Aston Lux LLC in favor of Alutal Engineering Company LLC of debt in the amount of UAH 1,539,388.68 for goods supplied and services rendered.<\/p>\n
\n1. The subject of the dispute is the elimination of obstacles in the father’s communication with the child and the establishment of the method of the father’s participation in the upbringing and communication with the child who is temporarily residing abroad.<\/p>\n
\nof Ukraine, provided that the father pays for the mother and child’s travel expenses. The Supreme Court agreed with these conclusions, emphasizing that establishing regular personal contacts is in the best interests of the child, and restricting such contacts may impede the child’s harmonious development.<\/p>\n
\n1. The subject of the dispute is the recognition of paternity and the introduction of changes to the civil registration record of the child’s birth.
\n2. The appellate court overturned the decision of the court of first instance, which had partially satisfied the claim for recognition of paternity, because the plaintiff did not prove his kinship with the child with proper evidence, and the court of first instance did not properly assess the reasons for the plaintiff’s failure to appear for genetic testing. The appellate court emphasized the importance of taking into account the interests of the child and the absence of family and social ties between the plaintiff and the child. Also, the appellate court took into account the defendant’s objections regarding the plaintiff’s paternity and her assertion about the paternity of another man with whom she is married. The court noted that the only reliable way to establish paternity is a forensic genetic examination, and the case file does not contain sufficient irrefutable evidence of the plaintiff’s paternity.
\n3. The Supreme Court dismissed the cassation appeal without satisfaction and upheld the appellate court’s ruling.<\/p>\n
\n1. The subject of the dispute is the cancellation of the state registrar’s decision on the registration of the bank’s ownership of a residential building, the termination of the bank’s ownership, and the restoration of the plaintiff’s ownership of this building.
\n2. The court of cassation upheld the decisions of the courts of previous instances, noting that the bank complied with the requirements of the Law of Ukraine “On Mortgage” when foreclosing on the mortgaged property, as the plaintiff was duly sent a demand to remedy the violations, which is confirmed by postal documents and the terms of the mortgage agreement, which stipulate the procedure for sending notifications. The court also took into account that an assessment of the mortgaged property was carried out, which was valid at the time the ownership was transferred to the bank. Regarding the violation of the child’s rights, the court noted that at the time of the conclusion of the mortgage agreement, the child did not have property rights to the house and was registered there later, therefore, obtaining permission from the guardianship and custody authority was not required, since the re-registration of ownership did not lead to a reduction or restriction of the child’s rights to housing. The court of cassation also rejected the applicant’s reference to the ruling of the Grand Chamber of the Supreme Court, as the circumstances in the cases are different.
\n3. The court left
\ndismissed the cassation appeal without satisfaction, and the decisions of the previous instances \u2013 without changes.<\/p>\n
\nitem. The court also took into account that the Grand Chamber of the Supreme Court has repeatedly concluded that the demand for the recovery of a forestry land plot from illegal possession is an effective way to protect property rights. The court of cassation rejected the prosecutor’s arguments that challenging the decisions of the state registrar is an effective way of protection, since this would lead to the deprivation of a person’s property rights to a part of the plot that is not disputed.<\/p>\n
\n1. The subject of the dispute is the appeal against the decision of the High Qualification Commission of Judges of Ukraine (HQCJ) to refuse to recommend Person_1 for appointment to the position of judge of the Solomyanskyi District Court of the city of Kyiv.<\/p>\n
\n1. The subject of the dispute is the recognition as invalid of the orders of the Brovary District State Administration, the state act on the right of private ownership of land, the certificate of ownership of real estate, the contract of purchase and sale of real estate and the recovery of property from someone else’s illegal possession.<\/p>\n
\nviolations during the initial privatization, and also that construction is already underway on the site. The court also noted that the prosecutor had not proven the bad faith of the defendant in combining the land plots and starting construction on the newly created plot. In addition, the court took into account that at the time of the merger of land plots and the commencement of construction, there were no existing restrictions or arrests on the disputed plot.<\/p>\n
\n1. The subject of the dispute is the recognition of the invalidity of the marriage concluded between the plaintiff’s deceased grandson and the defendant, due to the grandson’s alleged incapacity at the time of the marriage.<\/p>\n
\n1. The subject of the dispute is the recognition of orders for dismissal, reinstatement, recovery of average earnings for the period of forced absence, compensation for unused vacation, financial assistance, wages and compensation for moral damage as illegal.<\/p>\n
\nmade his immediate reinstatement impossible, which was regarded as an abuse of right. As a result, the court found the plaintiff’s dismissal for absenteeism without valid reasons lawful.<\/p>\n
\nThe subject of the dispute in this case is an appeal against the appellate court’s verdict regarding the conviction of a person for theft committed repeatedly under martial law.<\/p>\n
\n1. The subject of the dispute is the obligation of JSC “Gas Distribution System Operator “Poltavagaz” to dismantle the installed duplicate gas meter.<\/p>\n
\nto dismiss the cassation appeal of JSC “Gas Distribution System Operator “Poltavagaz”, and to leave the appellate court’s ruling unchanged.<\/p>\n