Subject of Dispute: Challenging the Resolution of Ukrtranssafety on Imposing an Administrative and Economic Fine on LLC “Unisev Group” for Exceeding Vehicle Weight Norms.
Main Arguments of the Court: The Supreme Court considers that previous judicial instances incorrectly determined the status of the motor carrier. To establish such status, two conditions must be proven: the existence of a cargo transportation agreement and the use of the vehicle on legal grounds. The courts of previous instances did not investigate all the circumstances of the case and prematurely recognized the resolution as unlawful.
Court Decision: Annul the decisions of previous judicial instances and refer the case for a new judicial review to thoroughly examine all circumstances of the case.
