News date: 5 March 2021
Ilyashev & Partners Law Firm has successfully defended interests of state-owned strategic enterprise Plant 410 Civil Aviation that is part of the State Concern Ukroboronprom in a legal dispute with Aviabudprogres LLC regarding the supply of defective spare parts for maintenance and upgrade of the An-32 aircrafts.
The private company in question, referring to the terms and conditions of contract, executed with the state-owned enterprise, by litigation demanded that State Enterprise Plant 410 Civil Aviation reimbursed UAH 12.7 million for the goods that failed to duly pass the inbound quality control. Despite the fact that defective parts were withheld by investigators of the State Investigations Bureau as an evidence in the criminal case regarding illegal actions of a private company, the Commercial Court of Kyiv City adopted a resolution for the supplier’s benefit in connection with alleged conducting by the state enterprise of the complete goods control procedure and, appropriately, the payment having fallen due.
Attorneys of Ilyashev & Partners, who engaged into this case at the stage of appeal proceedings, conducted systemic analysis of clauses of the Civil, Commercial and Air Codes of Ukraine, the Aviation rules of Ukraine and proved that the first instance court had interpreted the facts of the case incorrectly.
In accordance with resolution of Northern Commercial Court of Appeal, adopted on 25 February 2021, Plant 410 Civil Aviation shall not pay for the defective spare parts. The court ruling became enforceable from the moment of its awarding.
The project was endorsed by Counsel and Attorney at Law Andrii Konoplia, Attorney at Law Oleksandr Denysenko, Lawyers Sergiy Kliestov and Yaroslav Mudryi, under supervision of Roman Marchenko, Senior Partner.
State Enterprise Plant 410 Civil Aviation is an expert in diagnostics, repair, maintenance, revamping and upgrade of a variety of the An aircraft in the interests of both foreign and homeland customers. It was founded in 1948. It is on the list of enterprises that are strategically important for Ukraine’s economy and security.