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Supreme Court of Ukraine on an additional period for accepting an inheritance

According to the rule established by law, the inheritance is accepted within 6 months, counted from the moment of opening the inheritance. The law allows for the possibility of extending this period if the heir, for some good reason, did not have time to enter into inheritance rights. The disputed points of “validity” of reasons […]

The Demanding countermeasures. Alternative ways to influence the debtor

What to do if the debtor turned out to be a “hard nut to crack” and it was not possible to collect debts from him by “encashment settlement accounts of debtors”, “cooperating with bailiffs”, “collecting from controlling persons” and “through the bankruptcy procedure”? Turning on the heavy legal artillery! Need to start criminal prosecution, file […]

Collection through bankruptcy – introduction of the monitoring procedure and receivership

Foreword! If you are now on this page of our website, it means that previous attempts to “knock out” the debt from the debtor by “encashment settlement accounts of debtors”, “cooperating with bailiffs” and “recovering from controlling persons” did not lead to the desired result, but … Not everything is lost! Bankruptcy is a monitoring […]

There is nothing to recover from the legal entity-debtor? Bringing controlling persons to subsidiary liability!

Reminder! The material is devoted to the collection of debts from foreign legal entities, namely, from debtors – residents of the Russian Federation. Need to act according to the principle “in war, all means are good”, namely, using all possible tools for recovery. We have already considered “encashment settlement accounts of debtors” and “cooperation with […]

INTERACTION WITH BAILIFF AT THE STAGE OF ENFORCEMENT PROCEEDINGS

In the previous article, we considered one of the tools for collecting debts abroad (in the Russian Federation) – encashment settlement accounts of debtors. We will not re-list the entire toolkit. Let’s move on to the next stage of recovery – the answer to the question “how to effectively cooperate with bailiffs?”, Because the success […]

Enforcement of arbitration awards in the Russian Federation – we collect debts from legal entities. Theory and practice

Foreword! Collection of overdue debts from legal entities is a multi-stage and multi-variant procedure. Consider all the stages and options step by step. The material is divided into separate blocks so that everyone who reads it can easily get acquainted with exactly what he needs (at the same time, it is not forbidden to interrupt […]

Nuances of collecting foreign debts: preventive measures and practical aspects

The international market for business is an opportunity to earn more, but with a higher risk of losses. Losses are most often associated with non-fulfillment by counterparties of their obligations and with the legalization of court decisions on the territories of foreign states. In particular, with non-payments, that is, with debts, the return of which […]

The child of divorced parents is an object of struggle for attention

In 99% of 100%, a divorce is a problematic event, and the help of a lawyer in a divorce is a necessity that determines the outcome of the case. The division of property is half the trouble, and the struggle for the attention of children is a real problem. Let’s leave the prefaces. Live situations […]

Remote participation of persons in court sessions

The participation of the accused (convicted) person in the trial by video link, can it be considered by law as direct personal? The answer to the question contains the Criminal Procedure Code of Ukraine and this material. We analyze One of the innovations introduced in 2012 of the Criminal Procedure Code of Ukraine is the […]

Can spouses divide an unauthorized built house in case of divorce?

They wanted to save money, but it turned out the other way around. The couple built a house in which they planned to live happily ever after, but the family union fell apart … In court, the question arose of how to divide the house, which, as it turned out, cannot be divided due to […]

Problematic aspects of debt collection on base of decision foreign court

Again, about the legalization of a foreign court decision in Ukraine. Today – about one of the problems that are systematically faced by companies of Poland who have sold a product or provided a service to a Ukrainian company. The information will be useful to those who have already encountered a problem and will be […]

The court punished the police for the rude conduct of the search

Let’s just say that the decision of the Dnieper Court of Appeal in case 199/6247/20 dated 16/06/2021 is not an unprecedented case, but deserves attention, since … In Ukraine now there is no established judicial practice regarding compensation for moral damage caused by illegal actions of law enforcement agencies. There are lonely court decisions, one […]

COMPARING THE RATES! COURT FEES FOR COLLECTION OF INTERNATIONAL DEBTS!

As practice shows, counterparties, when concluding international agreements (if lawyers are not involved in the development of agreements), practically do not attach importance to the jurisdiction of dispute resolution. Obviously in vain! The information will be interesting and useful to foreign creditors who have debtors from Ukraine, Belarus and Russia. IN MOST CASES! Such “inattention” […]

Execution of one of the decisions of the Supreme Court of California in Ukraine

Marriages are made in heaven, and are finished, in most cases, in the courts. Trite, but true. It is easier if the spouses are citizens of the same country in which they live. Everything becomes more complicated if the decision to end the marriage relationship is made abroad, and the spouses are citizens of different […]

Judge goes to vacation – robbers set free!

The main “hero” of this material was a judge who went on vacation without settling all his current affairs, for which he was punished. In the opinion of the disciplinary body, which applied the sanctions initiated by the prosecutor’s office, the issue that the judge had to decide was not complicated and there were no […]

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, […]

Selling an apartment now, and the money for it later! Is it worth it?

Trust, but do not rush to sign! The story of how a person was left without an apartment just because he took the buyer’s word for it and signed a contract before receiving the money! He tried to prove in court that he was deceived, but in fact it turned out that he was simply […]

Should you shy away from the paternity examination?

The Supreme Court of Ukraine, by its decision in case No. 201/11183/16c, clarified the aspects of challenging paternity, the document reads: “In the case when a person’s evasion from participation in the examination or from the submission of the necessary materials (documents)  which makes it impossible to conduct it, the court has the right to […]

Supreme Court of Ukraine stopped family showdown over a shopping pavilion

By decision in case No. 202/3788 / 18 of 04.08.2020, the Supreme Court of Ukraine stopped the family showdown regarding the shopping pavilion, which the spouses had been sharing for several years. The court determined that the trade tent is movable property, transactions in respect of which are not subject to state registration, but it […]

SCU on the identification of claims

On January 22, 2020, the Supreme Court of Ukraine “closed by sending for reconsideration” case No. 522/5505/19, explaining that claims for recognizing illegal actions of the state registrar with the subsequent cancellation of his decisions to terminate the encumbrance (release of arrest) from the land plot should not be identified with a measure similar in […]

Free use of land cannot last forever!

The Supreme Court of Ukraine considered case No. 209/5477/13-c (production No. 61-27184sv18) on the collection of lease arrears for land that the tenant-land user had been using for a long time free of charge, since he had not documented it! Background and analysis of the dispute! The Supreme Court of Ukraine considered the case on […]

Statute of limitation expiration – grounds for termination of the mortgage?

The Ukrainian Supreme Court published a legal conclusion governing the aspects of termination of obligations and mortgages due to the expiration of the statute of limitations. Analyzing! Prehistory of the withdrawal in case No. 522/12443/17-c from 22.01.2020 Consideration was given to a claim to invalidate an apartment sale and purchase agreement, a counterclaim to remove […]

SCU: PASSING THE MEDICAL COMMISSION AT WORKING HOURS – NOT ABSENTEEISM!

The Supreme Court of Ukraine considered case No. 699/640/18 (production No. 61-17310sv19) and on 04.12.2019 formed a legal conclusion, which “put in place” the employer who dismissed the employee under the “absenteeism” article. He counted as a truancy the day when she underwent a medical examination. DETAILS OF THE PROCEEDINGS The military unit’s employee filed […]

SCU. Jurisdiction of corporate disputes between JSC participants

The Ukrainian Supreme Court answered the question, in which courts are considered disputes arising from corporate relations between current and retired members of companies, regarding invalidation of decisions of general meetings, amendments to statutes, as well as in which courts the termination of contracts for the sale and purchase of parts in authorized capital and […]

Supreme Court of Ukraine on the interpretation of treaties on the basis of contra proferentem

The Ukrainian Supreme Court “remembered” about the “contra proferentem” principle! By the decision in case No. 756/1381/17-c of 03/25/2020, he consolidated the legal conclusion based on this doctrine. It reads: “If the interpretation of the content of a written agreement by means of general methods is impossible, the contra proferentem interpretation is used – the […]

Ukrainian Supreme Court evicted former alcoholic spouse without his consent

Alcoholism is a scourge of our society and family life, in particular. Because of him, families break up, and after this, housing problems arise. One of them was decided only in the Supreme Court of Ukraine. This instance helped the ex-wife of an alcoholic spouse to evict him from her house. Background His ex-wife applied […]

Supreme Court of Ukraine on the recovery of unreasonably acquired property

The risks of investing in construction in Ukraine are obvious, nevertheless, they still continue to invest in this industry, because the demand for housing in our country remains steadily high. When investing, the contribution “grows” along with the construction, the closer the date of its commissioning, the more expensive it becomes. At the same time, […]

Ukrainian Supreme Court determined the conditions for declaring downtime for employers

The Supreme Court has once again rescued ordinary citizens-workers from a thrifty employer who was trying to optimize costs with the help of downtime by not paying workers wages! The Supreme Court of Ukraine, by a resolution in case No. 210/5853/16-c, adopted on January 30, 2019, indicated to this employer and his other thoughtful colleagues […]

The Supreme Court of Ukraine approved the binding nature of the treaty! Conclusion on case No. 456/2946/17

Initially! The legal entity filed a lawsuit against the individual in court, demanding the fulfillment of the obligation under the terms of the preliminary tripartite agreement with the transfer of advance payments for the further purchase of the apartment by the defendant. The claims were motivated by the fact that the applicant fulfilled his obligations […]

Conclusion of the Supreme Court of Ukraine on the impossibility of forced eviction

As a general rule of law, the owner has the right to evict from his residential property a person who lives there without sufficient grounds, but … By itself, the existence of ownership does not always automatically provide the owner with the opportunity to evict (discharge from the apartment or from the house) the one […]

Ukrainian Supreme Court: Responsibility of a bona fide purchaser

Due to the “carelessness” of the notary, the person almost lost the housing they bought for their own money! The APU “saved” him. Case No. 645/4220/16-ts of 13.11.2019 The citizen applied to the court with a claim against two persons and a third party – a notary, demanding the invalidation of the sale and purchase […]

Damage from “worker’s injury” is a reason not to pay court fees!

The Ukrainian Supreme Court spoke about the obligation to pay legal costs in cases of compensation by persons who suffered material damage as a result of injury at work. By the decision in case No. 127/20705 / 16-c of 06/11/2019, the Supreme Court “freed” such persons from paying the court fee! Background of conclusion and […]

When is it impossible to evict from mortgage housing “to nowhere”?

The most useful legal opinion of the Supreme Court of Ukraine in case No. 761/22755/18 of 06.11.2019 – legal assistance (consultation), a life story about how the bank failed to evict a defaulting borrower from a mortgage apartment “to nowhere”! Background of the proceedings The bank applied to the court with a claim for eviction […]

Ban on travel abroad: aspects of imposition and removal!

CPCU prohibits debtors from leaving the country! This means that when trying to go abroad, an individual may suddenly find out that it is he who is prohibited from doing this, since this restrictive measure has been applied to him, established as an enforcement of the court decision. “Surprise”! Debt payment does not automatically open […]

Ukrainian Supreme Court on “legalizing real estate with obstacles”

The Ukrainian Supreme Court helped the investor! With the conclusion in case No. 761/5598/15-c of 04.24.2019, he recognized his legal rights in court! History in detail In 2003, an individual investor and a legal entity-developer entered into an agreement on equity participation in the financing of construction. The parties undertook to work together to achieve […]

“Unjustifiably acquired funds” and “advance payment” are different concepts

The Supreme Court of Ukraine, by a resolution on case No. 910/21154 / 17 of 15.02.2019, distinguished between the concepts of “advance payment” and “groundlessly acquired funds”! Legal conclusion promulgated Initially! One legal entity applied to the economic court with a claim against another legal entity to recover the prepayment amount under a contract for […]

The conditions of the “repayment” of the debt on the IOU explained by the Supreme Court of Ukraine

Analysis of the decision of the Supreme Court of Ukraine in case No. 524/4946/16-ts dated 08.07.2019, is answering the question of what should be recorded in the IOU so that the debt repayment is not in question. Professional legal advice – to everyone who borrows and lends! Debt situation initially The citizen applied to the […]

SCU: matrimonial property is not always divided equally!

The Supreme Court of Ukraine, by its decision in case 308/4390/18 of 16.12.19, determined the aspects of deviation from the principle of equality of shares in the division of jointly acquired property of spouses. The fact of the presence of children living with the father (on his full support) and the mother, who does not […]

Ukrainian Supreme Court on proving the fact that the apartment was flooded by neighbors

The legal conclusion of the CCC of the Supreme Court of Ukraine in case No. 686/11256/16-c, published on December 27, 2019, is urgent legal assistance in the form of information for citizens-residents of high-rise buildings who were flooded or if they did it. Background to the proceedings! The owner of an apartment flooded by neighbors […]

Alternative to the Labor Code – “Labor Law 2020” from the CMU

The Cabinet of Ministers “rewrote” and laconized labor legislation! Instead of the Soviet Labor Code, containing 265 articles, the CMU proposes to introduce a modernized Labor Law, consisting of 98 articles. The corresponding project was registered in the Parliament under № 2708. Analyzing! “New rules… Forbidding! Bias and mobbing in the work environment, psychological and […]

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 […]

Car accident. Insurance. If car repairs more expensive than buying?

Judges do not really “like” cases related to road accidents! There are too many nuances in them, the presence of which often makes an objective trial impossible, and the participation of insurance companies in them complicates everything at times! The Supreme Court of Ukraine “had” to understand the case of collecting insurance compensation, in which […]

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 […]

SCU has figured out the nuances of applying measures to secure a claim

The owner cannot be limited in the right to use his property due to the existence of a claim for the recognition of the lease agreement regarding this property as invalid! This decision was made by the Supreme Court of Ukraine on November 21, 2018 following the results of the proceedings in case No. 752/6255/18. […]

Bar reform has slowed down, lawyers are trying to speed it up

The reform of the legal profession has been delayed! According to the Ukrainian human rights community, the failure to adopt draft law No. 9055 “On the Bar and Lawyer Activities”, which should bring the activities of lawyers into line with the significantly changed procedural legislation, threatens the independence of the constitutional institution of the bar […]

BC-SCU should regulate the right to exchange land shares

The procedure for resolving land disputes in Ukraine can be called “order” with a stretch! Due to the endlessly extended land moratorium, controversial issues in the field of land relations arise systematically. In fact, the presence of registration of ownership of land implies that it is the property of a specific person with all the […]

Supreme Court of Ukraine on the disclosure of classified materials in criminal cases

The Grand Chamber of the Supreme Court of Ukraine considered the criminal case No. 751/7557/15-k and on January 16, 2019 published a resolution that regulated the application the Art. 290th Criminal Code. It is important that the Supreme Court decided not to deviate from the existing legal conclusion regulating the procedural aspects of opening materials […]

The new owner is not entitled to evict the debtor from mortgage housing

The Supreme Court of Ukraine considered the case on the eviction of the former owner (debtor of the bank) from the apartment purchased (by the new owner). A relevant legal conclusion has been published, informative for real estate buyers and bank borrowers. Thus, a new non-owner who has bought “risky” real estate from a mortgagee […]

Supreme Court of Ukraine on invalidation of the terminated agreement

Departure from existing legal positions by replacing them with new conclusions in the formation of law enforcement practice by the Supreme Court of Ukraine is a standard procedure! Thus, on November 27, 2019, the BC-SCU published a legal opinion in case No. 905/1227/17, by which it departed from the 2015 conclusion in case No. 918/144/15. […]

It is possible to change the amount of recoverable legal aid costs

On December 18, 2018, the Supreme Court of Ukraine, by its conclusion in case No. 910/4881/18, published a legal opinion on the collection and determination of the amount of legal aid costs. So, in the course of this trial, the question arose that the amount of UAH 337,665.08 of expenses for legal assistance, spent by […]

Correcting errors in wills is not the responsibility of the courts

Illiteracy and inattention are not vices if mistakes can be corrected! If a mistake is made in the will, then there is no one to correct it! And not a single court is authorized to do this, which was established by the Supreme Court of Ukraine following the consideration of the inheritance dispute in case […]

SPU on the fulfillment of obligations in a fictitious transaction

Fictitious transactions with residential real estate are always a risk of being left without a roof over your head. It is not entirely clear what the citizen thought, who fictitiously sold his apartment to other people, whose purpose was to obtain a loan from a bank secured by this property. As a result, he had […]

The amount of moral damage established by the court does not change the SCU

The Supreme Court of Ukraine is not authorized to review the amount of moral damage! This conclusion was made after consideration of case No. 258/1169/14-ts (proceeding No. 61-22745sv18) dated 12/05/2018. So, for consideration by the Supreme Court of Ukraine, a cassation complaint of a plaintiff-private person to a defendant-state enterprise was received. The plaintiff demanded […]

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