Ilyashev & Partners has successfully represented a former employee of JSC Ukrzaliznytsia in proceedings before the Supreme Court, which overturned an earlier appellate ruling ordering the former employee to pay more than UAH 7.5 million in alleged property damages.
According to Ilyashev & Partners, the dispute originated from claims that the former head of the Kryvyi Rih Main Railway Station undercharged fees for transporting empty wagons with removable roofs in 2016-2017, which Ukrzaliznytsia argued resulted in losses. Following a pre-trial investigation and a civil lawsuit filed within the criminal proceedings, the Court of Appeal had upheld the company’s claims. Subsequently, Ilyashev & Partners filed a cassation appeal, presenting evidence that Ukrzaliznytsia’s internal documents contained inconsistencies regarding wagon classification and that the employee’s requests for clarification had gone unanswered for an extended period. The firm also highlighted that, in separate litigation between Ukrzaliznytsia and the wagon owner, the court had already awarded freight charges in an amount significantly lower than the sum sought from the employee.
The Supreme Court accepted the arguments in full, cancelled the appellate judgment, and dismissed Ukrzaliznytsia’s claim. The decision is final.
The Ilyashev & Partners team included Partner Valeriia Gudiy, Counsel Oleh Trokhymchuk, and Attorney at Law Oleksandr Kamsha.
