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…
Category: Court Procedures
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…
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…
Choice of court agreements
Resolution of the Higher Commercial Court of Ukraine, dated September 15, 2015, case No. 911/539/15. Available at http://reyestr.court.gov.ua/Review/50706939 The lower courts ascertained that the plaintiff in this case had filed the action against the defendant on the ground of the right of subrogation under the contract of cession, dated March 03, 2014. The plaintiff is a…
Contract interpretation
Resolution of the Supreme Court of Ukraine, dated July 01, 2015, case No. 3-195гс15 (910/24029/13). Available at http://reyestr.court.gov.ua/Review/46803652 The contract interpretation option available under Article 213 of the Ukrainian Civil Code may be implemented before the parties to a contract commence fulfilling the contract, and not after they have been fulfilling the contract over a…
Application of the Convention on the Limitation Period in the International Sale of Goods (New York, 1974)
Resolution of the Higher Commercial Court of Ukraine, dated August 20, 2014, case No. 917/2572/13. Available at http://reyestr.court.gov.ua/Review/40263116 In paragraph 10.2 of the contract the parties have agreed that in respect of the rights and obligations of the parties the law of the country of the defendant shall be applied; in this case it is legislation…
Legal remedies: theory and real life
Resolutions of the Supreme Court of Ukraine, dated May 21, 2012, case Nos. 6-18цс11, 6-69цс11, 6-20цс11. Available at http://reyestr.court.gov.ua/Review/24976430, http://reyestr.court.gov.ua/Review/24976440, http://reyestr.court.gov.ua/Review/24704776 In addition, the court did not take into account that limitation of ways to protect civil rights or interests shall be applied in compliance with the provisions of Articles 55, 124 of the Constitution…
Bonum Aequum Ars Jus 