1. The subject of the dispute is the recovery from the municipal enterprise in favor of the limited liability company of inflation losses and three percent per annum in connection with the delay in payment for the work performed under the contract.
2. The court of cassation instance, when considering the case, focused on two key issues: firstly, whether it is justified to accrue inflation losses and three percent per annum for the entire period of delay, and not only for the last three years before filing the claim, and, secondly, whether the court has the right to reduce the amount of inflation losses and three percent per annum, if their amount does not exceed that established by law. The court emphasized that if the statute of limitations has not expired as of April 2, 2020, the term for applying to the court is extended for the period of quarantine and martial law. The court also noted that the reduction of annual interest is possible only to the level of three percent, since this is the minimum amount established by law, and inflation losses are not subject to reduction, since they are compensation for the depreciation of funds. The court specified the previous conclusion regarding the possibility of the court reducing the amount of annual interest, noting that three percent per annum is the minimum amount that is not subject to reduction by the court.
3. The court granted the cassation appeal of LLC “System Svyazok” and partially canceled the decisions of previous instances, adopting a new decision to recover from KP “Lutsk Electric Transport Enterprise” an additional amount of three percent per annum, and left the cassation appeal of KP “Lutsk Electric Transport Enterprise” without satisfaction.
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