Regarding the existence of grounds for changing the price of the product

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Recognizing the binding nature of the adopted court decision and with all due respect to the Court of Cassation, we will allow ourselves to express certain considerations regarding the adopted positions.


As a general rule, the essential terms of a purchase agreement (which includes the price of the goods) cannot be changed after it is signed until the parties have fulfilled their obligations in full.

At the same time, the legislator provides (paragraph 2 of part 5 of Article 41 of the special database Procurement Law) certain exceptions to the above rule, which include, in particular, an increase in the price per unit of goods of up to 10 percent in proportion to the increase in the price of such goods on the market in the event of fluctuations in the price of such goods on the market, provided that such a change does not lead to an increase in the amount specified in the procurement contract.

Analysis of the above provision allows us to state that the mere fact of an increase in the price of a good on the market allows the parties to increase the price per unit of the good by up to 10 percent, provided that such a change does not lead to an increase in the amount specified in the purchase agreement.

In accordance with Article 650 of the Civil Code of Ukraine, the features of concluding contracts on organized capital markets, organized commodity markets, auctions (public bidding), competitions, etc. are established by relevant legislative acts.

A similar provision is contained in Article 185 of the Civil Code of Ukraine, according to which the general rules for concluding contracts on the basis of free will are applied to the conclusion of commercial contracts on organized capital markets, organized commodity markets, wholesale fairs, and public auctions, taking into account the regulatory legal acts that regulate the activities of the relevant organized capital markets, organized commodity markets, fairs, and public auctions.