Subject of Dispute: Invalidation of a Road Repair Services Procurement Contract Concluded between the Infrastructure Restoration and Development Service in Zhytomyr Oblast and Integral Systems LLC.
Main Court Arguments:
1. The court established that prohibiting contract performance during judicial review violates the principle of presumption of legal validity of a transaction and contractual obligation.
2. Implementing interim measures in the form of a complete prohibition of contract performance effectively resolves the dispute on the merits before rendering a decision.
3. Such measures create unlawful obstacles to the implementation of the contract parties’ rights and make it impossible to fulfill their obligations.
Court Decision: Rescind the appellate court’s ruling on interim measures and uphold the local commercial court’s decision to reject the prosecutor’s application.
