ETERNA LAW International Litigation team obtains one of the first Ukrainian judgments for damages caused by Russia’s armed aggression


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Date: 07 December, 2022

 

The ETERNA LAW International Litigation team successfully protected the interests of an injured business and obtained one of the first Ukrainian judgments awarding damages caused by Russia’s armed aggression in Ukraine.

In early March 2022, Russian shelling in Stoianka, Kyiv Region burned West Gate Logistic, a major Ukrainian logistic facility owned by Ukraine-based investment company Dragon Capital. The warehouse was destroyed together with Altiek LLC’s property that was stored on the premises.

The ETERNA LAW team represented Altiek LLC in a damages action brought against the Russian Federation before the Commercial Court of the Kyiv Region.

The merits trial in case No. 911/1231/22 completed on 5 December 2022, and the Commercial Court of the Kyiv Region decided to allow the claims of Altiek LLC in their entirety.  The court awarded the injured party more than 295 million hryvnias in actual damages and over 21 million hryvnias in lost profit damages to be recovered from the Russian Federation.

“We have managed to set a precedent proving that compensation for all damages by the aggressor state is actually inevitable. The landmark ruling is one of the first judgments of this kind in Ukraine. It is the first powerful step in the pursuit of justice through courts. Today, we are moving to the next stage to have the judgment recognised and enforced out of Russia’s assets in foreign jurisdictions,” said Oleh Malskyy, Partner and Head of Corporate and M&A at ETERNA LAW.

“I am proud of our team — Kristina Shapovalova, Olena Dvortsova, Lidiya Zhovtyak, Anna Polishchuk, Artur Koval, Oleksii Metel, and Iryna Oliinyk — and of the successful result we have achieved for our client. This ruling is crucial not only for the restoration of justice, but also in terms of building a legal approach to address the complex matters of holding the Russian Federation accountable and making it compensate for the damages it has caused,” said Oleh Beketov, Senior Partner and Head of International Litigation Practice at ETERNA LAW.

 

Oleh Malskyy

Partner, Head of Corporate & M&A, Head of International Trade

Oleh Beketov

Senior Partner and Head of International Litigation Department

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