Regarding the possibility of increasing the price of electricity by more than 10% of the price in the contract

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In making the relevant decision, the court of cassation applied the provisions of Article 652 of the Civil Code of Ukraine, which establishes only one of the grounds for terminating the contract, and did not take into account the specifics of changing the terms of the procurement contract, which are established by the special Law on Procurement.

It should also be noted that the application of the approach proposed by the Supreme special database Court to determining the presence of grounds for changing the terms of the contract actually creates a situation in which the parties need only refer to the provisions of Article 652 of the Civil Code of Ukraine to make changes.

However, with such an approach, the very legal meaning of the existence of not only clause 2 of part five of Article 41 of the Procurement Law, but also of part five as a whole, which lists the other seven grounds for amending the procurement contract, is lost.

Obviously, this does not correspond to the principle of the effectiveness of a legal norm, since its presence does not lead to the achievement of specific goals of legal regulation that were set by the legislator during its formulation.


In paragraph 56 of the Resolution, the Court notes that in any case the price per unit of goods cannot be increased by more than 10% of the price of the goods that was determined by the parties in the contract based on the results of the procurement procedure, regardless of the number and timing of price changes during the term of the contract. That is, during the term of the contract, the parties may repeatedly change the price of the goods in an upward direction if the conditions established in Article 652 of the Civil Code of Ukraine and Clause 2 of Part Five of Article 41 of Law No. 922-VIII are met, however, the total increase in such price must not exceed 10% of the price of the goods that was determined by the parties when concluding the contract based on the results of the procurement procedure.