Ilyashev & Partners Secures Supreme Court Victory for Former Ukrzaliznytsia Employee in Property Damage Case

"Ilyashev & Partners represented a former employee of JSC Ukrzaliznytsia in the Supreme Court, which overturned an appellate ruling that had ordered the employee to pay over UAH 7.5 million for alleged property damages. The firm argued inconsistencies in Ukrzaliznytsia’s internal documents, unanswered requests for clarification, and prior litigation awarding far lower freight charges; the Supreme Court dismissed the claim and the decision is final."

Ilyashev & Partners represented the defendant, a former employee of JSC Ukrzaliznytsia, against claims brought by JSC Ukrzaliznytsia seeking recovery of alleged property damages. The dispute arose from allegations 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 said resulted in losses. After a pre-trial investigation and a civil action within the criminal proceedings, the Court of Appeal upheld Ukrzaliznytsia’s claim and ordered the employee to pay more than UAH 7.5 million. Ilyashev & Partners filed a cassation appeal, demonstrating that Ukrzaliznytsia’s internal documents contained inconsistencies in wagon classification and that the employee’s repeated requests for clarification had gone unanswered for an extended period. The firm also noted that in separate litigation between Ukrzaliznytsia and the wagon owner, a court had awarded freight charges in an amount significantly lower than that sought from the employee. The Supreme Court accepted these arguments in full, annulled the appellate judgment and dismissed Ukrzaliznytsia’s claim. The decision is final. Ilyashev & Partners represented client the former employee of JSC Ukrzaliznytsia with a team composed by: Partner Valeriia Gudiy, Counsel Oleh Trokhymchuk, Attorney at Law Oleksandr Kamsha.

Ilyashev & Partners Secures Supreme Court Victory for Former Ukrzaliznytsia Employee in Property Damage Case

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