Subject of the Dispute: Invalidation of Additional Agreements to the Electricity Supply Contract and Recovery of Funds from LLC “Kharkivgaz Zbut” in Favor of the Education Department of the Kostiantynivka City Council.
Main Arguments of the Court: The Supreme Court considers that the appellate court unjustifiably suspended the proceedings in the case, as the respondent did not claim lack of jurisdiction in either the court of first instance or in the appellate complaint. The court emphasized that cancellation of a court decision due to violation of territorial jurisdiction is possible only if a party to the case raised this issue during the proceedings or had valid reasons for not doing so earlier.
Court Decision: The Supreme Court satisfied the prosecutor’s cassation complaint, canceled the appellate court’s ruling on suspension of proceedings, and referred the case for further consideration to the appellate court.
