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State’s interests protected: the court finally refused to recover more than UAH 22.7 million from the contractor

Agency for Restoration

On July 29, 2025 the Commercial Cassation Court within the Supreme Court closed proceedings in case No. 910/3659/24 on the cassation appeal of «Rostdorstroi LLC» against the State Agency for Reconstruction and Development of Infrastructure of Ukraine.

The contractor sought to recover UAH 22,771,852.19 from the state under the contract for the overhaul of the M-03 Kyiv-Kharkiv-Dovzhanskyi highway, citing alleged non-payment for the work performed.
The decision of the Kyiv Commercial Court satisfied the claim almost in full. However, a ruling of the Northern Appeal Commercial Court dated March 25, 2025 overturned this decision as unfounded. The court of appeal found that the contractor did not comply with the procedure for approving the increase in the cost of the work and the Agency for Restoration, as a customer, had no legal grounds to finance these works from the state budget.

The cassation instance agreed with the conclusions of the appellate court: the complaint was left without consideration due to the lack of substantiation of the arguments and the proceedings were closed.

The ruling is final, entered into force on the day of its adoption and is not subject to appeal.

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