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Supreme Court of New York: debt collection from a citizen of the Russian Federation

Indicative case for international judicial practice the case of businessman Igor Mavlyanov, ended with the fact that the American court recognized Moscow’s court decisions as fair. The case was considered in a New York court for a little over a year. Why is it so far from the defendant’s homeland? Because it was there that […]

One of the reasons for non-execution of court decisions of the Russian Federation in Ukraine

So, in the analyzed case No. 334/5077/19, the Ukrainian court considered the person’s petition for recognition and granting permission to execute the decision of the court of Tula, adopted in 2018, on the territory of our country. The sanction was required to collect funds from the defendant (international debt collection). The Ukrainian court notified the […]

Ukrainian courts are cutting lawyer fees to the maximum

Every self-respecting judge considers it his duty to reduce the lawyer’s fee as much as possible. This “phenomenon” is especially painful for lawyers working on an hourly basis. Why is that? God only knows! God knows, but for human rights defenders – absolutely incomprehensible, because the law and practice of the Armed Forces of Ukraine […]

The granddaughter whiсh is registered in the grandmother’s house, for donation is not an obstacle!

The grandmother in court proved her right to donate housing, despite the fact that her little granddaughter was registered in it! The Supreme court, by its conclusion in case No. 385/1598/18, determined that she is not a parent and not the one who replaces him, therefore, she is free in the right of alienation! Here […]

Forge a document and not go to jail? Is it real?

Interestingly the judges are judging! There is no other way to say after analyzing case No. 750/5469 / 18, which reached the Supreme Court and ended with the publication of a legal conclusion on it on 03.03.2021. In the beginning there was an acquittal … The District Court concluded that the citizen was innocent of […]

Successful litigation strategy of protection in case of drink driving

Professional legal aid often ensures successful appeals against the decision of the first instance court. See for yourself how events can develop with one fresh example. The pensioner, a disabled person of the III group, was threatened with a fine in the amount of UAH 10 200.00 and deprivation of a driver’s license for a […]

Utility debts do not automatically transfer to new owners

In case of a shortage of funds for the purchase of housing, some citizens deliberately go to the purchase of an apartment or house “with debts.” If there is a significant debt for utilities, the owner is ready to sell his residential property at a good discount. The amount of such a discount usually covers […]

Had delayed paying severance pay? Pay the fine!

The first thing every citizen leaving his old place of work thinks about is how much money will fall on the card as a severance pay. Naturally, he wants more and that’s okay! The employer who signs the dismissal order is thinking about how to pay less! And he can be understood too! But, the […]

The Supreme Court to the Prosecutor’s Office is a friend and comrade! Don’t believe? Read on!

The case № 638/8636/17-c considered by the Supreme Court, 05/13/2020, was closed by a legal conclusion, according to which the inactivity of the prosecutor’s office is not evidence of moral harm, therefore, it cannot be compensated! Initially, the lawsuit was initiated by a citizen who believes that the inaction of the law enforcement system is […]

Civil marriage: showdown because of the apartment bought in it

Family showdown is an eternal topic! Even the array of family legislation and court practice accumulated over decades does not contain answers to all questions regarding family relations! The Supreme Court once again had to figure out whether or not the testimonies of witnesses certified by a notary are considered legal confirmation of a civil […]

Video cameras “looking” at neighbors violate their rights

There is a proverb that says that God sees everything, and neighbors –  even more! So and there is! And in some cases it happens literally. The story about neighbors who installed video cameras aimed at the neighbor’s yard ended in the Supreme Court with a legal conclusion in case No. 279/2012/17 of 03/03/2020. So, […]

BC-Supreme Court of Ukraine “forbade” Privat to collect % and fines on credit cards

By its decision in case No. 342/180/17 of 03/07/19, the BC-Supreme Court of Ukraine “broke” the established judicial practice on the collection of overdue debt on PrivatBank credit cards! From this date, the terms and conditions for the provision of banking services posted on the pages of the PrivatBank website: Are not considered a public […]

The expert conclusion about the “probability of forgery” is not an argument

The Supreme Court of Ukraine got the case № 760/10691/18, during which the validity of the sale and purchase agreement was challenged, which, according to the plaintiff, was not signed by him! As a result of the proceedings, a legal opinion was published on 04.09.19! The Ukrainian Supreme Court determined that the expert’s conclusion that […]

Ukrainian Supreme Court prevented the bank from recovering the shortage from the cash collector

On October 23, 2019, the Supreme Court of Ukraine in case No. 522/6582/16-c published a legal conclusion regarding the wrongness of the bank, which was collecting funds to pay off the loan debt under a non-existent loan agreement. Details of the proceedings A citizen-former employee of the bank went to court with a claim against […]

Aspects of calculating court fees when collecting a mortgage

“On claims for foreclosure on the subject of a mortgage, the court fee is calculated based on the value of the pledged property, and not on the amount of the debt obligation!” – expressed the Supreme Court of Ukraine by the decision on the case No. 307/23/18 dated 02.10.19. The conclusion was made after considering […]

You need to pay for heat, even if it is turned off in the apartment

Is the unauthorized disconnection of the apartment from the heating network a basis for canceling charges for heat? The Supreme Court of Ukraine, by a decision on case No. 522/401/15-c of 25/09/19, answered the question in the negative. The consumer is obliged to pay for the service that has not been consumed anyway! Analyzing – […]

SCU on the validity of the contract after the replacement of the 1st page in it

The impossibility of establishing certain circumstances does not relieve the participants in the process from the need to prove them! This conclusion was made public by the Supreme Court of Ukraine on 25.09.19 following the results of the proceedings in case No. 397/928/16-c. The reason for the dispute was the replacement of the first page […]

CCC: customers are not obliged to pay for the “mistakes” of ATMs!

“For the extra money issued by the ATM, the client is not responsible if there is no proof of receipt of funds!” – the Civil Court of Cassation expressed its decision in case No. 296/3921/15-c. The situation is in detail! A PrivatBank client withdraws a certain amount of money from a credit card at a […]

One aspect of resolving disputes over land use rights

Disputed land under the construction is a potential litigation with all the ensuing consequences. The Supreme Court of Ukraine considered one of such disputes and published a legal opinion, which determines that the granting of permission for the development of a land management project regarding the allotment of a “non-free” land plot does not give […]

The plaintiff threatened the judge for not explaining the terms of the lease

Even a solution to an economic dispute can become a breeding ground for threats! For example, the consideration of one of the cases, during which the plaintiff asked to explain to him certain clauses of the land plot lease agreement, ended with the tenant dissatisfied with the court decision not in his favor, took it […]

The nuances of transactions made by persons who are not aware of their actions

“All transactions carried out by persons who, at the time of their commission, did not fully realize their actions, are subject to invalidation, but their recognition in court as such should be carried out after a full study of the proceedings!” – This conclusion was made by the Supreme Court of Ukraine on September 18, […]

Ukrainian Supreme Court on the loss of the right to use housing due to non-residence

By its decision in case No. 465/7083/13-c of 10.07.19, the Supreme Court of Ukraine provided a kind of housing legal advice, answering the question whether the fact that minors did not living in an apartment in itself was an unconditional justification for their loss of the right to use the living space. The question arose […]

About the presence of “malicious intent” in the sale of real estate to relatives

On 11.09.19, the Supreme Court of Ukraine considered case No. 554/10202/13-c, in which the heir – the son from the first marriage of the deceased homeowner tried to defend his father’s apartment, sold by his second wife during her husband’s life and by his power of attorney to her own son. He insisted that there […]

Legal conclusion governing the donation of a share in a joint-stock company

The Grand Chamber of the Supreme Court of Ukraine, by its decision in case No. 909/1294/15 of 01.10.19, “annulled” the conclusion of the Supreme Court of Ukraine in case No. 33/45-09-1388 of 22.12.09, with the help of which the courts considered disputes on the donation of shares in these most societies to each other. Donating […]

To Guarantors! Artificial insolvency is impossible!

A case won in court does not mean that the lender will automatically receive what the borrower owes him! One of the “worked out” schemes among the bank’s borrowers is that they alienate property at the stage of judicial review or during the period when the court decision comes into force. The main thing in […]

Is it legal to sublet land bypassing the lessor?

Is the transfer of leased land to sublease without the consent of the owner legal? If so, in what cases? If not, when? What does the law tell us about this and how are litigations resolved between the parties to such legal relations, which, due to ignorance of regulatory rules, violate the law? Thus, lease-contractual […]

The Supreme Court of Ukraine on the cancellation of the “old” will with a new one

The citizen applied to the court with a claim against two other persons, demanding the recognition of property rights by inheritance. The claim was motivated by the fact that after the death of her aunt, an inheritance for real estate (house, land) was opened. She, within the time period established by law, turned to the […]

A decent pension is not an obstacle to claiming alimony

The duty of children to support their parents who need help is established by law! If the children do not fulfill it voluntarily, then the parents have the right to demand alimony through the court, and such family cases are always difficult, the court practice on them is constantly changing and supplemented, and it is […]

Contractual obligations and installment of court decision

The Grand Chamber of the Supreme Court of Ukraine, by its legal opinion in case No. 916/190/18 of 06/04/19, answered the question, does the installment plan for the execution of the judgment terminate the contractual obligation? According to the published conclusion, the installment plan, in fact, only affects the procedure for the enforcement of the […]

“Lustrated” civil servants contested dismissal in the ECHR

Any protection of interests in court is a procedure limited by the terms prescribed by law! How long any dispute can be considered in court depends on the specific circumstances of each individual situation. Ukrainian legislation “allows” litigation to last for years, and the European Court from time to time tries to suppress this pattern, […]

Supreme Court of Ukraine explained how to recover moral damage from the state

The Cassation Chamber of the Supreme Court of Ukraine has shown to citizens that the “inviolable” state, according to the conviction of many, can also be brought to justice! With the conclusion contained in the ruling on case No. 823/782/16 of 15.08.19, the CAC of the Supreme Court “punished” the state body for improper consideration […]

Are you familiar with the terms of the loan? That means you was not be deceived by the bank!

The borrower, who has familiarized himself with the terms of the lending, cannot accuse the bank of fraud or must prove his accusation in court, if it came to this. Establishes this, shall we say, dogma, the legal conclusion of the Supreme Court of Ukraine in case No. 569/423/15-c of 03/05/18 and the older conclusion […]

Personal mortgage property of a bankrupt entrepreneur: is it subject to collection?

Cassation economic court of the Supreme Court “stood up” for the mortgage apartment of the borrower of the bank, delimiting the personal and business rights and obligations of individual entrepreneurs, as well as limiting the rights of claimants to this property. So, with the conclusion in case No. 922/4404/15, promulgated on 06/04/19, the Supreme Court […]

CEC-Supreme Court of Ukraine: what should the economic court find out before rejecting the claim?

The Joint Chamber of the CEC of the Supreme Court of Ukraine spoke out on the motivation for refusals to consider claims. In the ruling in case No. 910/6642/18 of 06/14/19, the courts were explained what exactly they should find out before deciding to dismiss the claim when considering economic disputes in the context of […]

CCU: it is also impossible to fire a contract worker on vacation

The CCU, by its decision on the constitutional complaint in case No. 6-r(II)/2019 of 09/04/2019, categorically “forbade” employers to fire their employees who are on vacation or do not work due to temporary disability! At the same time, the KSU noted that the situation absolutely cannot be influenced by the fact that the labor relations […]

On “saving” confiscated housing by donating it to relatives

One of the “working” options for “saving” real estate from confiscation / foreclosure to pay off debts, the people have always considered the option of donating it to relatives through drawing up a donation agreement, the fictitiousness of which is quite difficult to dispute. Difficult, but possible! The Supreme Court of Ukraine published another legal […]

Have you built a house? Putting it into operation correctly!

The authorities continue to make sure that citizens provide themselves with housing! Not so long ago, the Ministry of Regional Development explained the nuances of a simplified procedure for the construction of a residential building, and now a detailed procedure for putting private houses into operation has appeared on the official website. Analyzing the process! […]

The case was considered by the Supreme Court of Ukraine

The Supreme Court of Ukraine did not allow the bank to prohibit its debtors from leaving Ukraine, since the CPCU does not have such a measure to secure claims as a temporary restriction of the right to travel abroad, even if a foreclosure procedure has been started with respect to mortgage property. Brief overview of […]

Supreme Court: debt collection and replacement of debtors in enforcement proceedings

The Grand Chamber of the Supreme Court of Ukraine has figured out the issue of who is legally obliged to pay off debts when replacing the original debtor with two – the main and subsidiary at the stage of execution of the court decision. “The replacement of the parties does not relieve anyone from responsibility, […]

A raider in a court gown and with a “crust” of a lawyer, nonsense? Not at all!

Judges, lawyers and justice officials love money too! Sometimes they use their connections and powers to improve their financial well-being! Some find themselves a lucrative “hobby”, for example, they are engaged in raiding. SBU officers uncovered a criminal scheme carried out by “raiders in court robes” with the help of lawyers and former employees of […]

What does it cost to build a house? Explanations of the Ministry of Regional Development!

Having your own home is the norm! You can buy it, get it from the state, or build it yourself! The last method is the most laborious, but quite realistic, because … The current legislation provides for the right of every citizen to build a house for himself and this can be done according to […]

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