Submit your application

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 the signature was “probably forged” could not serve as unconditional, admissible, appropriate evidence for the court to decide that it was indeed made by a non-party to the transaction.

Initially, the court of first instance and the appeal court of the person’s claim to recognize the sale and purchase invalid were satisfied – the contract was declared invalid, the property was subject to reclamation.

The courts were guided by the following circumstances and facts:

  1. The plaintiff purchased a car under a stock exchange agreement, transferred it for use to another person, and after a while learned that the vehicle was deregistered and registered to another person without her consent.
  2. The plaintiff went to the police with a statement about the forgery of her signature on the documents on the alienation of the car. As part of the criminal proceedings, a handwriting examination was carried out. The result was the conclusion that the signature was probably not of the plaintiff, but of another person.

“The Ukrainian Supreme Court, having considered the circumstances of the dispute, came to the conclusion that the court decisions on satisfying the claims are based on assumptions. The “stumbling block” was the word “probably” in the expert conclusion carried out in the framework of criminal proceedings. The case was sent for review!”

The Ukrainian Supreme Court specifically stated that the expert’s conclusion about “probability” cannot be the basis for concluding that the signature was made by a non-party to the transaction, since:

  1. Reliable evidence is evidence on the basis of which it is possible to establish the actual circumstances of the case (part 1 of article 79 of the Code of Civil Procedure).
  2. Sufficient are the evidence, in the aggregate, providing an opportunity to make a conclusion about the presence / absence of circumstances of the case, characterizing the subject of proof (part 1 of article 80 of the Code of Civil Procedure).

In order to establish the unambiguity of the fact of forging a signature in the course of the proceedings, one more legal examination of the contract and other documents had to be carried out – forensic handwriting, which was not done!

The duty of proving the discrepancy of the signature is imposed by the procedural legislation on the plaintiff! It was the applicant who had to petition the court for a handwriting examination, which would make it possible to immediately prove her rightness, eliminating the expert “probability”!



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 – […]

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 […]

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 […]

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 […]

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 […]

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 […]