Subject of Dispute: Recovery of Debt under a Contract for Capital Road Repair from the Hostomel Village Council and Hostomel Village Military Administration.
Main Arguments of the Court:
1. The Appellate Court incorrectly established the circumstances of the case, in particular, it did not verify the parties’ compliance with the contract terms regarding the definition of work volumes, terms, and technical requirements.
2. The Court did not clarify the grounds for drawing up the work completion certificate dated 18.02.2022 and did not verify the availability of the necessary documentation in accordance with the contract terms.
3. The Court deviated from the previous position in case No. 911/1244/23, where there were similar circumstances and where the Supreme Court pointed out the need for a detailed verification of all case circumstances.
Court Decision: To cancel the resolution of the appellate court and refer the case for a new review to the appellate commercial court to establish all factual circumstances of the case.
