The Commercial Court of the city of Kyiv decided to collect UAH 1.3 million in fines and UAH 968,000 in fines from Company "Dolyna Mriy" LLC due to the failure to provide the Kyiv Regional State Administration with military uniforms in time and in full. This decision was made on July 17.
On November 1, 2022, the Department of Civil Protection and Defense Work of the Kyiv Regional State Administration ordered military uniforms for the amount of UAH 38 million from "Valley of Dreams". According to the "Prozorro" system, it was about winter suits (sets of windproof pants and two jackets), winter boots with high tops, mittens and thermal clothing. The contract was awarded without competition.
According to the contract, the term of delivery of the goods was 30 calendar days from the date of conclusion of the agreement, but no later than December 10, 2022. However, as the court found out, the company delivered only part of the goods for the total amount of UAH 11.4 million, while the rest of the order for UAH 26.6 million was never fulfilled.
On December 26, 2022, the State Administration Department sent a claim to "Valley of Dreams" with a notice of termination of the contract and a demand to pay fines within 5 days. The firm replied that it could not fulfill its obligations due to force majeure.
The prosecutor's office and officials filed a lawsuit in court, demanding to collect UAH 1.38 million in fines and UAH 1.86 million in fines from the company. The court established that "Valley of Dreams" was unable to confirm force majeure, referring only to the letter of the Chamber of Commerce and Industry of Ukraine dated February 28, 2022, which did not prove the impossibility of fulfilling obligations precisely because of martial law. In addition, the contract was concluded on 01.11.2022, already during the martial law, and the TPP letter was published 8 months before that.
The court also paid attention to the price of the contract, the behavior of Dolina Mriy LLC and its property status, taking into account that the amount of fines was almost 4 times greater than the amount of the company's net profit from the sale of goods for 2022 and 2023. Taking into account the principle of justice and the balance of the interests of the parties, the court decided to reduce the amount of the penalty and fine by 30%, ordering the company to collect UAH 1.3 million in fines and UAH 968,000 in penalties.
Ihor Hrylyuk is the founder of Company "Valley of Dreams" LLC. It is known that the online store "Valley of Dreams" operates in Kyiv, which sells office supplies and stationery. The company and the online store have the same phone numbers.
