Case Involving Zhytomyr Delights Joint-Stock Company Under Review
On May 13, 2026, the Second Senate of the Constitutional Court of Ukraine began examining a constitutional complaint filed by Zhytomyr Delights Joint-Stock Company. The case challenges the constitutionality of specific provisions within Ukraine's Law on Protection of Economic Competition, particularly those governing the accrual of penalties for antimonopoly violations after an appeal has been lodged against a fine imposed by the Antimonopoly Committee of Ukraine (AMCU). This review could reshape how penalties are applied in competition law disputes.
Judge Rapporteur Halyna Yurovska stated that Zhytomyr Delights JSC is seeking constitutional review of Article 56, Part 3, the first sentence of Paragraph 1, as well as Paragraphs 3, 4, and 5 of Part 5 of the aforementioned law. The core issue under discussion is whether it is lawful to continue accruing penalties after a company has appealed an AMCU fine decision.
Case Background and Court Rulings
In the context of this case, the AMCU's Temporary Administrative Panel issued a ruling titled 'On Violation of Legislation on Protection of Economic Competition and Imposition of a Fine' on October 3, 2023. This decision found that the company had committed an offense under Article 50, Part 1, Item 13, related to failing to provide information requested by the AMCU.
Subsequently, the Commercial Court of Kyiv City, in a ruling dated January 31, 2024, which was upheld by the Northern Commercial Court of Appeal on June 24, 2024, rejected the company's lawsuit challenging the AMCU's decision.
The AMCU then filed a lawsuit with the Commercial Court of Zhytomyr Region to recover the penalties, which was granted in a court decision on July 17, 2025. Later, the Northwestern Commercial Court of Appeal, in a ruling on September 30, 2025, partially upheld the company's appeal and modified the first-instance court's decision, specifically regarding the penalty amount. However, the Supreme Court, acting through a panel of judges from the Commercial Cassation Court, partially granted the AMCU's cassation appeal on December 4, 2025, overturning the appellate court's ruling and reinstating the original decision of the Commercial Court of Zhytomyr Region.
During the plenary session, in addition to the judges, the authorized representative acting on behalf of the constitutional complaint subject, Liudmyla Sidenko, and the legal representative of the complaint subject, attorney Andriy Savchuk, were present. After reviewing the case materials, the Second Senate moved to a closed portion of the plenary session.
'The company believes that the contested provisions of the Law effectively impose an obligation on the business entity to pay a fine within a two-month period even before a court has confirmed the legality of the Antimonopoly Committee of Ukraine's decision.' Halyna Yurovska
Additionally, the company's representatives emphasized that 'the calculated amount of the penalty cannot be considered a proportionate interference with the company's right to peaceful enjoyment of its property.'
Consequently, the outcome of this case before the Constitutional Court of Ukraine could significantly influence future regulation of antimonopoly legislation and the legality of penalty calculations in the country. The court's decision will not only determine the fate of this particular company but may also lead to shifts in how antimonopoly compliance is enforced, potentially impacting the broader business environment in Ukraine.
The ongoing examination of the constitutional complaint by Zhytomyr Delights JSC highlights significant legal debates surrounding antimonopoly regulations in Ukraine. This case comes amid broader discussions, such as the recent extension of constitutional petition reviews by the Grand Chamber, which could also influence the interpretation and enforcement of economic competition laws. Understanding these developments may provide valuable insights into the evolving landscape of Ukraine's legal framework in this area.