Resolution of the Supreme Court, dated July 07, 2022, case No. 910/1801/21. Available at https://reyestr.court.gov.ua/Review/105178962 The Supreme Court upheld the judgement of the court of first instance …and ascertained: The plaintiff (an individual entrepreneur) submitted to the Kyiv City Commercial Court an action against the defendant (an individual entrepreneur) in order to recover UAH 250…
A Ukrainian court approach against online advocating overthrow of government and constitutional order. Think twice before you dare to like or share
Sentence of the Romny Interdistrict Court of the Sumy Region, dated December 29, 2021, case No. 585/208/21. Available at https://reyestr.court.gov.ua/Review/102290545 The pre-trial investigation found that the defendant, being an experienced user of the social network Odnoklassniki.Ru , having antipathy towards Ukrainian authorities … had used the personal account created by him on the social network Odnoklassniki.Ru…
Software developers walking on the edge of liability
Sentence of the Odessa Court of Appeals, dated February 24, 2021, case No. 522/8715/13-к. Available at https://reyestr.court.gov.ua/Review/95098145 (a pending cassation appeal) In 2011, a Ukrainian company and Norwegian company 1 signed a website development agreement for another company, Norwegian company 2, according to which the Ukrainian company undertook to develop the above-mentioned website and further…
Harmful speech. Limitation of the freedom of offline and online speech in Ukraine
Resolution of the Supreme Court, dated May 20, 2019, case No. 591/7099/16-ц. Available at https://reyestr.court.gov.ua/Review/82119183 The Supreme Court upheld the judgment of the Court of Appeals. The Court of Appeals ruled that the question of the defendant “Are you stupid?” was not false information and a value judgment, but it was a subjective opinion of…
Identity theft; virtual property theft
Sentence of the Rivne City Court of the Rivne Region, dated September 13, 2019, case No. 569/12334/19. Available at http://www.reyestr.court.gov.ua/Review/84251500 The Court… found: On July 25, 2018, the exact time was not ascertained by the pre-trial investigation, the accused person being at his place of residence [the address is hidden], for the purpose of unauthorized interference…
Confidential information and personal data
Ruling of the Higher Specialized Court of Ukraine for Civil and Criminal Cases, dated July 27, 2016, case No. 760/9778/15-ц. Available at http://www.reyestr.court.gov.ua/Review/59288070 The plaintiff was in the Main Military Clinical Hospital recovering after being wounded during the anti-terrorist operation. The co-defendant spoke with the plaintiff on October 13, 2014, while the latter was in…
Abuse of a monopoly (dominant) position, concerted practices
Resolution of the Higher Commercial Court of Ukraine, dated October 31, 2006, case No. 8/278. Available at http://reyestr.court.gov.ua/Review/209675 In order to determine if a certain business entity has a monopoly (dominant) position within a market, it is not necessary to have all the features of the market power defined in clause 10.3. of the Methodology for…
Non-compete agreements (NCA) in Ukraine
Judgement of the Dnipropetrovsk Region Court of Appeals, dated August 18, 2014, case No. 191/215/14-ц. Available at http://www.reyestr.court.gov.ua/Review/40234833 The plaintiff (a legal entity) and the defendant concluded an employment agreement under which the defendant was employed as a sales manager. The provisions of the employment contract prohibiting the defendant within three years after termination or…
Settlements in Foreign Currency and Liability of Ukrainian Residents
Resolution of the Supreme Court of Ukraine, dated February 13, 2012, case No. 21-422а11. Available at http://reyestr.court.gov.ua/Review/22204833 In accordance with part 1 of Article 1 and part 1 of Article 2 of the Ukrainian Law On the Procedure for Settlements in Foreign Currency, import transactions of residents performed on a deferred payment basis must be…
No effect of an arbitration clause in contract invalidation proceedings started by a third party who is a bankruptcy initiating creditor
Resolution of the Supreme Court of Ukraine, dated November 16, 2016, case No. 908/560/16. Available at http://reyestr.court.gov.ua/Review/62880970 I.T.G-INVEST LLC submitted an action to the Zaporizhzhia Region Commercial Court requesting invalidation of loan agreement No. 19 of 10.02.2009 and additional agreements No. 1 of 15.04.2011, No.2 of 04.11.2011 and No. 3 of 30.07.2014. The lower courts…
Cancellation, rescission of contracts and what they result in
Resolution of the Higher Commercial Court of Ukraine, dated March 29, 2017, case No. 906/881/16. Available at http://www.reyestr.court.gov.ua/Review/65678613 Article 599 of the Ukrainian Civil Code states that performance of an obligation in the appropriate manner extinguishes this obligation. In accordance with parts two and four of Article 604 of the Ukrainian Civil Code an obligation shall…
Liability of a freight forwarder and a carrier
Resolution of the Higher Commercial Court of Ukraine, dated February 08, 2017, case No. 911/2032/16. Available at http://www.reyestr.court.gov.ua/Review/64620853 Having satisfied the action the court of first instance proceeded from the fact that the cargo handed over for the transportation had not been delivered to the destination and had been partially lost. Therefore, the defendant, who at…
Statute of limitations
Resolution of the Supreme Court of Ukraine, dated March 24, 2017, case No. 544/525/15-ц. Available at http://www.reyestr.court.gov.ua/Review/66907384 A limitation period can be interrupted by submission of a lawsuit by a plaintiff to a court, including by mail. The submission should be done in compliance with requirements of procedural law, in particular Articles 109, 119, 120…
Access to classified information and corporate governance
Resolution of the Higher Commercial Court of Ukraine, dated March 21, 2017, case No. 910/12345/16. Available at http://reyestr.court.gov.ua/Review/65508205 The lower courts ascertained that the plaintiff owns shares of PJSC SIC “Borshchahivskiy Chemical Pharmaceutical Plant”. The total amount of the shares is equal to 29,9488 % of the registered capital of PJSC SIC “Borshchahivskiy Chemical Pharmaceutical Plant”. On…
Bonum Aequum Ars Jus 