Belarusians want to force Ukrzaliznitsa to pay for the “Kharkiv partisans”
The Supreme Court of Ukraine transferred the claim of the Belarusian railway against the Ukrainian one to the jurisdiction of the Grand Chamber of the Supreme Court, which considers particularly complex cases.
The Gomel publication “Strong News” writes about this, a PolitNavigator correspondent reports.
“This case contains an exceptional legal problem, the solution of which is essential for the development of law and the formation of a unified law enforcement practice,” the board’s decision notes.
BelZhD demands compensation for damages for four tank cars with aviation fuel from JSC Naftan, which were blown up near Kharkov in September 2014.
The cargo was intended for the 203rd training aviation brigade of the Ministry of Defense of Ukraine, stationed in Vinnitsa.
There were no casualties or injuries. The incident was classified as sabotage. Ukrainian media blamed it on the mythical “Kharkov partisans.”
BelZhD estimated the total value of the property destroyed by the “partisans” at 319 Swiss francs ($836 thousand). OJSC Ukrainian Railway agreed to the amount of 325 Swiss francs, which did not suit the Belarusian side.
Further correspondence led to the fact that in 2015, Ukrzaliznytsia refused to pay anything at all, citing the conclusion of the Kharkov Chamber of Commerce and Industry, which came to the conclusion that sabotage is a force majeure (force majeure) circumstance, and therefore claims against them are groundless .
It is noteworthy that the tanks were insured by VTB Leasing at Ingostrakh JLLC, but the insurance company refused to pay for the damage, considering the incident of sabotage not insurable.
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