1. The subject of the dispute is the appeal against the conclusion of the State Audit Service of Ukraine (State Audit Service) regarding violations discovered during the monitoring of public procurement by the Road Service in the Zaporizhzhia region.
2. The Supreme Court overturned the decisions of previous instances, which признали протиправною вимога Держаудитслужби про усунення порушень шляхом припинення зобов’язань за договором, в тому числі із застосуванням наслідків недійсності/нікчемності договору. The Court noted that the State Audit Service had the right to oblige the заказчик to terminate the agreement, and the specific legal mechanism (termination, invalidity, nullity) is chosen by the заказчик independently. Also, the Supreme Court indicated that the courts of previous instances mistakenly referred to the previous practice of the Supreme Court, since the circumstances of that case were not relevant to this situation, where significant violations were discovered that made it impossible to conclude the agreement. The Court emphasized that the state financial control body has discretion regarding the determination of the form of elimination of violations, and the requirement to terminate obligations under the agreement was sufficiently specific and proportional to the detected violations. The Court departed from the previous position, which was in other decisions of the Supreme Court.
3. The Supreme Court overturned the decisions of the courts of previous instances in the part of satisfying the claims and issued a new decision to refuse to satisfy the claims of the Road Service in the Zaporizhzhia region.
