Ukrzaliznytsia wins court case against Mykolaivelekrtotrans company over half a million worth of cut rails in Mykolaiv

Anti-tank hedgehogs manufactured at the enterprise. Photo: Elektrotran

Ukrzaliznytsia is demanding through the courts the return of 72 tonnes of rails, which were used to make anti-tank hedgehogs in Mykolaiv — Elektrotrans will appeal.

This is evidenced by the ruling of the Commercial Court of Mykolaiv Region dated 25 February, according to NikVesti.

The metal was transferred to the company in March-April 2022 according to a letter from Ukrzaliznytsia for the needs of the Armed Forces and territorial defence. However, there were no documents from the military command regarding the compulsory alienation of the metal, and it has not yet been returned to the plaintiff.

This involves 61.29 tonnes of type 510 metal and 10.713 tonnes of type 500 metal worth 472,000 hryvnias. The court also ordered Mykolaivelektrotrans to reimburse 7,000 hryvnias in legal costs.

The court ruled that even if the metal was used for the defence of the city, it is still considered the property of Ukrzaliznytsia and must be returned.

«In its explanations, the Mykolaiv Regional State Administration considers the claim to be unfounded, citing the fact that the plaintiff did not provide a decision by the military command to seize this property; the property was not forcibly alienated under the legal regime of martial law, and therefore there are no grounds for claiming such property. (...)In accordance with the provisions of Article 1213 of the Civil Code of Ukraine, the acquirer is obliged to return the unjustly acquired property to the victim in kind. If it is impossible to return the unjustly acquired property to the victim in kind, its value, determined at the time of the court's consideration of the case on the return of the property, shall be compensated,» according to the court's decision.

Mykolaivelektrotrans stated that it disagrees with this decision and will appeal it. The company explained that this metal was used at the beginning of the full-scale war. In February-April 2022, when Mykolaiv was under threat of an attack by Russian troops, anti-tank hedgehogs were made from the rails to defend the city.

«At that time, there was an urgent need to manufacture and install anti-tank hedgehogs to strengthen the defensive lines in Mykolaiv and the Mykolaiv region. Employees of the Mykolaivelektrotrans municipal enterprise worked around the clock on this task. The anti-tank hedgehogs were made from the enterprise's old rails, as well as from rails provided by Ukrainian Railways, which could no longer be used in production due to their technical condition,» the electric transport company explained.

The finished anti-tank hedgehogs were handed over to the military command of Mykolaiv. Later, they were transferred to the military to set up defensive positions in Kherson.

Mykolaivelektrotrans emphasises that this metal was not sold or used for profit — it was used only for the manufacture of defensive structures. The company believes that during the appeal, the circumstances of the first months of the full-scale war, when all city services were working to defend Mykolaiv, should be taken into account.

«KP MMR Mykolaivelektrotrans disagrees with the court's decision and will file an appeal. We are convinced that the circumstances of the first months of the full-scale war will be taken into account during the further consideration of the case. At that time, Mykolaiv was holding back the advance of Russian troops, and all the city's resources were directed towards defence. Decisions to assist the Defence Forces were made immediately and as quickly as possible, as the situation required swift action to strengthen the defensive lines. In those days, everyone did everything possible to prevent the enemy from entering Mykolaiv. And that was the main thing,» the company added.

We would like to remind you that at the beginning of the full-scale war, employees of the Mykolaivelektrotrans carriage repair workshop manufactured more than 200 anti-tank hedgehogs for the defence of Mykolaiv.

Read also the article by NikVesti: «Russian equipment was collected with tractors»: stories of Mykolaivelekrtrotrans workers about working under shelling.