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Case No. 913/769/21 dated 19/03/2025

1. The subject of the dispute is the recovery of a penalty from a farm enterprise for failure to deliver sunflower seeds under a supply agreement.
2. The Supreme Court overturned the decision of the appellate court because, in reinstating the term for appeal to the farm enterprise, it failed to take into account the arguments of the other party and did not examine evidence regarding the validity of the reasons for missing this term, and also did not assess whether the circumstances of martial law actually objectively prevented timely recourse to the court. The court noted that reinstating the term for appealing a final court decision without providing convincing reasons is a violation of the principle of legal certainty. The court emphasized that the introduction of martial law itself is not an unconditional basis for reinstating a procedural term, but requires proof of specific circumstances that made it impossible to perform procedural actions.
3. The Supreme Court ruled to overturn the decision of the appellate court and remand the case for a new trial to the appellate court from the stage of opening appellate proceedings.

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