The court in the Mykolaiv region issued a decision against the Russian Federation on compensation for damages caused by the war

Consequences of shelling of Mykolaiv on July 21, 2022

The Commercial Court of the Mykolaiv region issued the first decision against the Russian Federation on compensation for damages caused as a result of armed aggression since the beginning of the full-scale aggression.

The corresponding decision was made in an open court session on October 19, writes NikVesti.

The company Svantovit appealed to the Commercial Court of the Mykolaiv Region with a statement of claim, in which it asked the court to recover from the state of the Russian Federation material damage in the amount of 408,000 hryvnias, which was located in the company's warehouses in Mykolaiv and was destroyed as a result of rocket fire by the armed forces of the Russian Federation of Civil Infrastructure of the Ingul district of the city of Mykolaiv, which took place on July 21, 2022.

Food and beverages were stored in warehouses that Svantovit used on a sublease basis.

On July 21, 2022, around 03:00 a.m., as a result of rocket fire by the armed forces of the Russian Federation in the city of Mykolaiv, a rocket hit the real estate object rented by the plaintiff under the Sublease Agreement at the address of Mykolaiv, Novozavodska Street, building 21-A, in which there were goods and material values belonging to the claimant by right of ownership.

«The plaintiff claims that as a result of such rocket fire, the real estate object rented by the plaintiff under the specified sublease agreement and the goods and equipment belonging to the plaintiff by right of ownership were completely destroyed,» says the court's decision.

As a result of the study of all the materials of the case, the court satisfied the claim and made a decision to recover from the Russian Federation in favor of Svantovit LLC 408 thousand 213 hryvnias of damages and 16.8 thousand hryvnias of expenses related to the examination. Another 6,123 hryvnias of court fees must be paid by Russia to the state budget of Ukraine.

«This is the first court decision of the Commercial Court of the Mykolaiv region, which obliges the Russian Federation to indemnify one of the enterprises of our city, and a corresponding court order has already been received for the amount of recovery in the amount of UAH 408,213.69. Previously, the jurisdiction of cases against the Russian Federation was mostly determined by the location of the defendant (formally the location of the Russian embassy was taken, which was located in the city of Kyiv), and citizens and entrepreneurs of the Mykolaiv region did not even know about the prospects of applying to the Mykolaiv courts with such lawsuits. But our team, determining the jurisdiction of consideration of such a claim based on the place of damage, having received a court decision that satisfied our claims, created a positive judicial practice that will make it possible for many other natural and legal persons who suffered as a result of the armed aggression of the Russian Federation to apply with similar claims to the Commercial and District Courts of the Mykolaiv Region,» the head of the STATUS law firm, lawyer Burdynskyi Serhii and lawyer Vadym Semenenko, who represented the company's interests in court, told in their blog on NikVesti.

Serhii Burdynskyi reported that in several cases the lawyers of the company «STATUS» had time to apply to the European Court of Human Rights. Such applications have been recognized by the ECtHR as admissible, but their consideration has not yet begun. In addition, in the district courts of the Mykolaiv region, there are cases where the plaintiffs are clients of the law firm, ordinary individuals who lost their homes, dachas, movable property, etc.

It was previously reported that since the start of the full-scale war, the SSU in the Mykolaiv Region had investigated almost 300 cases involving collaborators.

It was previously reported that as a result of the Russian shelling of Mykolaiv on July 21, 2022, one of the humanitarian aid warehouses was destroyed, as stated by the head of the RMA Vitalii Kim.