Subject of Dispute: Recovery of Material and Moral Damages from the Regional Branch “Donetsk Railway” as a Result of a Traffic Accident.
Main Arguments of the Court: The Supreme Court established that the regional branch “Donetsk Railway” cannot be a defendant in the case, as branches are not legal entities and do not have civil procedural capacity. The court violated procedural norms, as the proper defendant – JSC “Ukrainian Railways” – was not involved in the case, and the regional branch was not properly notified of the court hearing.
Court Decision: To cancel the decisions of previous instances in the part of the civil claim and assign a new review of the case in the order of civil proceedings.
