Litigations
This section presents court judgments in some of the cases handled by our team.
Constitutional Court of Ukraine
- Judgment dated 02.07.2002 in the case No 1-8/2002 based on Stirol Concern OJSC’s constitutional inquiry regarding official interpretation of the provision stated in the indent one of Article 12 (1) (1) of the Code of Commercial Procedure of Ukraine (the case concerning disputing of acts in a commercial court).
- Judgment dated 12.01.2010 in the case No 1-2/2010 based on International Financial and Legal Consulting LLC’s constitutional inquiry regarding official interpretation of the provision of Article 99 (3) of the Civil Code of Ukraine (the case concerning dismissal of the company’s top manager).
Ukrainian commercial courts
- Judgment dated 14.07.2005 in the case No 28/480-11/223 (concerning a flat tax payer’s complaint demanding invalidation of a tax resolution notice assessing a land tax liability).
- Judgment dated 01.03.2005 in the case No 33/445 (concerning a complaint filed by Brokbiznesinvest Pension Fund Administrator Asset Management Company CJSC demanding invalidation of a tax resolution notice charging a penalty for the failure to notify tax authorities about the opening of bank accounts).
- Judgment dated 16.01.2008 in the case No 10/657-07 (concerning invalidation of a land lease agreement due to the absence of required scope of legal capacity in a body of local self-government).
- Judgment dated 05.08.2008 in the case No 339/19-04/20-08 (concerning a complaint filed by FM Logistic Dnipro, a subsidiary of FM Logistic JSC demanding invalidation of a tax resolution notice assessing a profit tax liability).
- Judgment dated 30.06.2009 in the case No 5/62/09 (concerning a complaint filed by DV Oil and Gas Production Company LLC demanding collection of UAH 434,810.25 in outstanding debt owed by Zaporizhia Ferroalloy Plant OJSC under a supply contract).
- Judgment dated 10.12.2012 in the case No 22-ц/2390/3311 (concerning protection of consumer rights and protection of retail company’s rights, based on a complaint filed by an individual regarding an engine purchase).
- Judgment dated 07.10.2015 in the case No 922/4280/15 (concerning a complaint demanding recognition as a creditor and collection of UAH 1,234,758.00 from Polimer-Mekhanika Technical Center, Limited Liability Company).
- Judgment dated 09.07.2016 in the case No 911/1281/16 concerning a complaint filed by the First Deputy Prosecutor for the Kyiv Oblast on behalf of the state represented by Boryspil Raion State Administration in the Kyiv Oblast demanding invalidation of resolutions, cancelation of state registration of ownership and return of land plots (legal support to one of the defendants).
Ukrainian administrative courts
- Resolution dated 28.02.2013 in the case No 2а-2398/12/1070 (concerning invalidation of a tax resolution notice, disputing legality of attributing the negative value of a taxable asset in the previous reporting (tax) period in the amount of UAH 12,470,914.00).
- Judgment dated 13.02. 2018 in the case No 826/11867/17 concerning a complaint against the Main Directorate of the State Fiscal Service for Kyiv demanding cancelation of a tax resolution notice ordering collection of UAH 11,189.08 in land tax (the case concerning collection of land tax from the owner of a nonresidential premise in an apartment building).
- Judgment dated 18.02.2019 in the case No 620/3920/18 concerning a complaint filed by Novhorod-Siverskyi Milk, Agricultural Production Cooperative against the Directorate of the State Labor Service for the Chernihiv Oblast, demanding recognition as unlawful and cancelation of a resolution charging a penalty of UAH 893,520.00.
International Commercial Court of Arbitration under the Ukrainian Chamber of Commerce and Industry
- Judgment dated 21.02.2003 in the case АС No 378у/2002 (concerning a complaint filed by BASF-Aktiengesellschaft (Germany) against Simferopol Raiagrokhim OJSC (Ukraine), demanding collection of USD 102,090.88).
- Judgment dated 31.07.2009 in the case АС No 110э/2009 (concerning a complaint filed by El-Invest LLC (Ukraine) against Air Conditioning & Heating International FZE (UAE), demanding collection of USD 272,274).
- Judgment dated 23.03.2011 in the case АС No 346у/2010 (concerning a complaint filed by Air Conditioning & Heating International FZE (UAE) against El-Invest LLC (Ukraine), demanding collection of USD 132,140.00).