1. The subject of the dispute is the recovery of debt under the contract for the provision of electric power transmission services, including the principal amount of the debt, 3% per annum, and inflation losses.<\/p>\n
2. The court of cassation instance, when considering the cassation appeal, partially agreed with the appellant’s arguments. The court noted that, according to Part 2 of Article 625 of the Civil Code of Ukraine, the accrual of 3% per annum is the right of the creditor, not the obligation of the court, and is aimed at protecting the creditor’s property right and interest. The court departed from previous conclusions regarding the possibility of the court reducing the amount of 3% per annum if they are established by law, and not by contract. The court emphasized that the reduction of annual interest by the court is possible only to an amount not less than 3% per annum, unless a different amount is established by the contract or the law. At the same time, the court of cassation instance agreed with the decisions of the courts of previous instances regarding the deferral of the execution of the court decision, since the courts took into account all the circumstances of the case, including the financial condition of the defendant and the martial law in the country.<\/p>\n
3. The court of cassation instance overturned the decisions of the courts of previous instances regarding the refusal to recover UAH 463,871.23 of 3% per annum and issued a new decision to satisfy these claims, and left the court decisions unchanged regarding the deferral of execution of the decision.<\/p>\n