Ruling of the Supreme Court of Ukraine in the case 824/144/25 dated 16 April 2026

RULING

16 April 2026, Kyiv

Case No. 824/144/25, proceeding No. 61-4928sa26

The Supreme Court, composed of the panel of judges of the First Judicial Chamber of the Civil Cassation Court: H. V. Kolomiiets (judge-rapporteur), D. D. Luspenyk, Yu. V. Cherniak, has considered the appeal of INFORMATION_1 against the ruling of the Kyiv Court of Appeal of 16 March 2026 on the application of INFORMATION_2 for recognition and grant of leave to enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 6 March 2024 in the case on the claim of INFORMATION_2 against INFORMATION_1 for recovery of a penalty for late delivery of goods and a fine for delay in delivery of goods,

FOUND:

On 13 April 2026, the representative of INFORMATION_1, attorney PERSON_1, applied through the “Electronic Court” subsystem to the Supreme Court with an appeal against the ruling of the Kyiv Court of Appeal of 16 March 2026 (received by the court on 13 April 2026), in which she requests that the contested ruling be set aside and a new ruling be adopted leaving the application without consideration.

Article 24(2) and Article 351(2) of the Civil Procedure Code of Ukraine provide that the Supreme Court reviews on appeal the decisions of the courts of appeal adopted by them as courts of first instance.

The appeal complies with the requirements as to form and content established by Article 356 of the Civil Procedure Code of Ukraine.

There are no grounds for refusing to open appellate proceedings or for returning the appeal.

The arguments set out in the appeal contain grounds, provided for by the requirements of Article 359 of the Civil Procedure Code of Ukraine, for opening appellate proceedings. The question of opening appellate proceedings in a case is decided no later than five days from the date of receipt of the appeal or of the application for remedying deficiencies filed in the manner provided for by Article 357 of that Code.

Pursuant to Article 360(1) of the Civil Procedure Code of Ukraine, the participants in the case have the right to submit to the court of appeal a response to the appeal in writing within the period set by the court of appeal in the ruling on the opening of appellate proceedings.

Guided by Articles 24, 351, 355, 356, 359, 360 of the Civil Procedure Code of Ukraine, the Supreme Court

RULED:

To open appellate proceedings on the application of INFORMATION_2 for recognition and grant of leave to enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 6 March 2024 in the case on the claim of INFORMATION_2 against INFORMATION_1 for recovery of a penalty for late delivery of goods and a fine for delay in delivery of goods, on the appeal of INFORMATION_1 against the ruling of the Kyiv Court of Appeal of 16 March 2026.

To request the above-mentioned civil case from the Kyiv Court of Appeal

(No. 824/144/25).

To send to the other participants in the case a copy of the appeal and the documents attached to it, and to explain to them the right to submit a response to the appeal in writing, which in form and content must comply with the requirements of Article 360 of the Civil Procedure Code of Ukraine, within ten days from the receipt of the ruling on the opening of proceedings in the case.

Evidence of the sending of the response and the documents attached to it to the other participants in the case must be attached to the response.

The ruling is not subject to appeal.

Judges: H. V. Kolomiiets

D. D. Luspenyk

Yu. V. Cherniak