The Grand Chamber of the Supreme Court made 2 key legal conclusions

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In the above decision,

- An increase in the price of goods before its transfer to the buyer's ownership under a purchase agreement is possible in the event of an increase in the price of such goods on the market, if the parties to the agreement have agreed on such a condition. If the parties to the agreement have not agreed on such a condition, then an increase in the price of goods in the event of an increase in the price of such goods on the market is possible only if this has led to a significant change in circumstances, in accordance with Article special database 652 of the Civil Code of Ukraine, if they have changed to such an extent that if the parties could have foreseen this, they would not have concluded the agreement or would have concluded it on other terms .

- 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 procurement contract, the parties may repeatedly change the price of the goods in an upward direction under 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, 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 .

Having made the above conclusions, the Grand Chamber of the Supreme Court departed from the legal conclusions of the Cassation Administrative Court within the Supreme Court, set out in the resolution of April 5, 2023 in case No. 420/17618/21, according to which the court actually concluded that it was possible to make an unlimited number of amendments to the contract for the purchase of gasoline and diesel fuel, gas and electricity in terms of increasing the price per unit of goods, provided that the restriction on increasing such price to 10% at a time is observed in proportion to the increase in the price of the relevant goods on the market and provided that the above change will not lead to an increase in the amount specified in the purchase contract.