Appeal and cassation rulings
Claimant
ОСОБА_1 — house customer
Defendant
Maksym Ahafonov (Агафонов Максим Сергійович)
Contract
№ 09122021 · 09.12.2021
Subject
MODODOMUS S168 house, foundation and installation
Advance paid
100 000 EUR (3 168 000 UAH)
Delivery deadline
25.08.2022

The defendant is named in the public record of proceedings No. 22-ц/818/1953/25. The claimant is identified in this dossier as ОСОБА_1.

Data-UA · parties in case No. 953/5664/22 S12

Payment and non-performance established by the court

The Kharkiv Court of Appeal ruling of 15 October 2025 expressly found that the customer paid the advance and the contractor failed to perform by the agreed deadline. The court noted that the defendant did not deny non-performance.

Receipt of the money is supported by signed acknowledgements. The ruling cites the handwriting expert’s finding of 19 April 2024 that the defendant signed the payment acknowledgements himself.

Kharkiv Court of Appeal · No. 131028646 S11

The principal award remains in force

The appeal upheld termination and repayment of 100 000 EUR (3 168 000 UAH). On 1 July 2026, the Supreme Court set aside only the parts concerning the late-payment penalty, fine, inflation losses and 3% annual interest, together with the supplementary ruling on costs.

Appeal outcome and subsequent cassation
ClaimAppeal · 15 October 2025After cassation · 1 July 2026
Principal100 000 EUR (3 168 000 UAH)Award not overturned
Contractual fine452 500 UAHRehearing
Inflation losses333 454,43 UAHRehearing
3% annual interest123 161,43 UAHRehearing
Late-payment penaltyClaim dismissedDismissal set aside; rehearing
Kharkiv Court of Appeal · No. 131028646 S11 Supreme Court · No. 953/5664/22 S04

The defendant’s position and the court’s assessment

The defendant invoked hostilities and destruction of a materials warehouse as force majeure, and said he was willing to perform within a new timeframe. The ruling quotes police and emergency service responses: they had no record of a shell hitting the stated address during the relevant period. The appeal upheld termination and repayment of the advance.

Kharkiv Court of Appeal · No. 131028646 S11

Rehearing scheduled for 25 November 2026

After cassation, the case was transferred to the Poltava Court of Appeal. Its order of 31 August 2026 scheduled a hearing for 25 November. The order of 26 October permits the claimant’s representative to participate by video and repeats that date.

This is the procedural status as of 5 November 2026. No outcome of the rehearing was published in the materials examined.

Poltava Court of Appeal · No. 139333723 S14 Poltava Court of Appeal · No. 140920470 S15

Case documents

Full texts are available on Opendatabot, iPlex and Protocol. The official Ukrainian register was inaccessible through the viewing tool; the links lead to public copies. The debtor under this contract is an individual who contracted as an entrepreneur. The Czech and Cypriot companies are not named as defendants in this case.

Sources for this article

Kharkiv Court of Appeal · No. 131028646 S11Data-UA · parties in case No. 953/5664/22 S12Opendatabot · case No. 953/5664/22 history S13Supreme Court · No. 953/5664/22 S04Protocol · case No. 953/5664/22 S05Poltava Court of Appeal · No. 139333723 S14Poltava Court of Appeal · No. 140920470 S15