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 of the application of an ordinary citizen, obliging the authority to pay to him the moral compensation.
The plaintiff appealed to the court with the requirement to recognize the actions of the state body as unlawful, to understand the situation and to recover moral damage from the defendant!
The courts of first and appellate instances sided with the state apparatus, and the claim was rejected.
“The non-consideration of the application and the failure to provide a specific, understandable, comprehensive answer to the question raised in it lasted more than 15 years. During this period of time, the plaintiff has not once or twice applied to the courts and executive service bodies, but …! “
The endless litigation was terminated only by the Supreme Court of Ukraine, by the resolution of which the plaintiff’s claims were partially satisfied!
The Supreme Court made a decision based on the provisions of Part 3 of Art. 32 CU and Law of Ukraine “On the appeal of citizens”, “On information” and “On compulsory state social insurance against industrial accidents …”.
The Supreme Court indicated to the lower courts the following:
For reference! The success of such cases almost always directly depends on the availability / absence of the plaintiff’s professional legal assistance. It is practically impossible to independently prove the wrongness of the state in court, and even to recover moral damage from it.
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 […]
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, […]
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 […]
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 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 […]
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 […]
Entrust the settlement of legal disputes to the SPEAKER team of professionals! Get the highest level of legal services.
We are ready to start discussing your task. We will contact you shortly.Back