Subject of Dispute: Recovery of Damages from the Russian Federation for Theft of a Volkswagen Touareg during the Occupation of Hola Prystan, Kherson Region.
Main Arguments of the Court:
1. The court drew attention that previous judicial instances improperly investigated the circumstances of the case, specifically did not establish the causal relationship between the vehicle theft and the military aggression of the Russian Federation.
2. The court pointed out the necessity of establishing all elements of a civil offense: unlawfulness of actions, presence of damage, causal connection, and fault.
3. The Supreme Court emphasized that the unlawfulness of the Russian Federation’s actions is a well-known fact, and the burden of proving the absence of fault lies with the defendant.
4. The court established that before the full-scale invasion, the plaintiff conscientiously fulfilled the leasing agreement.
Court Decision: To cancel previous court decisions and refer the case for a new review to the court of first instance for a complete and comprehensive investigation of the circumstances.
