En
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”!

12.01.2020

35

YOU MAY BE INTERESTED IN
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 […]

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 […]

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 – […]

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 […]

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, […]

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 […]

lacomics.org