Subject of Dispute: Compensation for Material Damage Caused by an Employee of JSC “Ukrzaliznytsia” during the Performance of Labor Duties.
Main Arguments of the Court:
1. The Supreme Court established that PERSON_1 is not an official within the meaning of the Law “On Joint Stock Companies”, as he worked as the head of a structural unit and was not a member of the supervisory board or management board of the company.
2. The Court concluded that the dispute does not fall under commercial jurisdiction, as the legal relations do not concern the actions of the defendant as an official of a commercial company.
3. The Court deviated from the previous practice of commercial courts regarding the determination of jurisdiction in disputes between employees and employers.
Court Decision: To cancel previous court decisions and refer the case to the court of first instance for continued consideration according to the rules of civil proceedings.
