The court unreasonably enforced Korytnyany village council to pay over 1 million hryvnias debt - prosecutors
Prosecutor's Office protected Korytnyany village council which the court unreasonably enfoced to pay 1 million hryvnia debt
Uzhgorod Interdistrict Prosecutor's Office filed the appeal in the Lviv Commercial Court in the interest of the state represented by the defendant - Korytnyany village council - for the annulment of the illegal decision of the Economic Court of the Transcarpathian region
According to the Uzhgorod interdistrict prosecutor Oleksandr Andryshyn, "The prosecutors found out that by the decision of the Economic Court of the Transcarpathian region, the claim of the ME "Production Department of Water Supply and Sanitation Company of Uzhgorod" to Korytnyany village council for recovery of over 1 million hryvnias was partially upheld, and Korytnyany village council was enforced to pay in favor of the plaintiff the amount of over 1,100,000 UAH, including court fees.
As explained by Oleksandr Andryshyn: "The court did not take into account all the essential facts of the case using the legislation governing the dispute, which led to the adoption of unreasonable decision and the recovery of unproven debt of the plaintiff."
Thus, the prosecution decided to protect the state represented by Korytnyany village council, as it is not a consumer of water supply, because drinking water is consumed by resdients of villages of Kinchesh, Korytnyany, Chaslivtsi, and also it is not an entity.
Thus, local economic court enforced the defendant to pay the debt for water supply unreasonably, because Korytnyany Village Council is not a consumer of utility services.
Also, the penalty set for the defendant is unreasonable, clearly overpriced and contrary to the requirements of law and the contract as the contract states that payment for services shall be made in accordance with the readings of water meters at the rate of 0.21 UAH per 1 cubic meter of water, and no changes have been made to the contract.
20 May 2018 21:09
8 May 2018 13:46