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    Case No. 916/3243/24 dated 09/24/2025

    1. The subject of the dispute is the recovery of damages from the Russian Federation caused to “Don-Krym” LLC as a result of the occupation of Crimea.

    2. The court of cassation established that the appellate court, by overturning the decision of the court of first instance to satisfy the claim and issuing a new decision to dismiss the claim, violated the principle of prohibition of *reformatio in peius*, since “Don-Krym” LLC appealed only part of the decision of the court of first instance, namely the absence of an indication of the equivalent of the amount of damages in foreign currency. The appellate court did not provide any assessment of the arguments of the appeal of “Don-Krym” LLC regarding the need to indicate the equivalent of the amount of damages in foreign currencies, which is a violation of the norms of procedural law. In addition, the court of cassation emphasized that the appellate court should have verified compliance with the norms of substantive law, but cannot go beyond the arguments of the appeal, thereby worsening the applicant’s position. The Court noted that the provisions of the Commercial Procedure Code regarding the limits of appellate review are identical to the provisions of the Civil Procedure Code of Ukraine, regarding the application of which the Grand Chamber of the Supreme Court has expressed its opinion.

    3. The Supreme Court overturned the decision of the appellate court and sent the case for a new trial to the court of appellate instance.

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