Here is the translation of the legal analysis:
1. Subject of Dispute: Recovery of monetary funds for non-fulfillment of a supply contract for peat and carbon briquettes between a military unit and an individual entrepreneur.
2. Main Arguments of the Court:
– The Respondent partially supplied goods for the amount of 2,604,568.00 UAH against a preliminary payment of 2,739,600.00 UAH
– The Court took into account force majeure circumstances of wartime that complicated contract performance
– It was established that the Respondent attempted to fulfill contractual obligations despite difficult conditions
3. Court Decision: Previous decision was canceled and the case was referred for a new review to the appellate commercial court for additional examination of case circumstances.
Note: The Court deviated from its previous position regarding full recovery of claimed amounts and considered force majeure circumstances of wartime.
