Lawyers at Synegor Law Firm have secured a victory in a multi-million dispute in the field of public procurement

Synegor Law Firm secured a resounding victory in a multi-million dispute that was heard by courts at three levels. Partner Mykola Pushynskyi and attorney Maksym Sibiliev devised a multi-tiered strategy that enabled them to uphold the client’s rights and secure the recovery of the principal debt, penalty, inflation-related losses and 3 per cent per annum.

Claims were brought against the client of Synegor Law Firm seeking the recovery of excessive sums, which totalled tens of millions of hryvnias. The dispute concerned the alleged improper performance of contractual obligations. At the same time, it is worth emphasising that the client’s activities are directly linked to the maintenance of strategic energy infrastructure facilities.

Thanks to the systematic work of the lawyers, who combined clear procedural tactics with an in-depth analysis of the financial and legal aspects, the Supreme Court not only ruled in favour of the client but also established new legal positions. In particular:

• when applying the provisions of the Law of Ukraine ‘On Public Procurement’, it was confirmed that a bank guarantee must be returned once the obligation has been fulfilled;
• the court emphasised that if the obligation has been fulfilled in full, even if there has been a delay, but the work has been completed, the guarantee cannot be used as a penalty and must be returned.

These conclusions of the Supreme Court will serve as a benchmark for future disputes in the field of public procurement and bank guarantees.

This case is not only about restoring justice for the client, but also represents a significant step forward for the entire legal community, as it has established a fundamentally new approach to understanding the fulfilment of obligations and the return of bank guarantees.