The dispute was the result of the conflict between the Kyiv city state administration and the President of Ukraine. KSCA decisions in 2008 and 2009 carried out a sharp increase in electricity tariffs, to which the President responded to the cancellation of their actions. Aspects of the conflict in the case were two. Legal: does the President have the authority to cancel a planned these decisions of the Administration. The material aspect: it was important to prove the incoherence prohibitive tariffs for the budget-financed organizations.
Juscutum Legal Advisers Company proved the legitimacy of the decrees of the President, and, consequently, the inability to use high tariffs to the state-owned enterprises.
Sanatorium Koncha-Zaspa case about the illegality of the use of high tariffs was one of the first in which all three courts was successfully introduced the legal position of public institutions.
Kyivenergo for its part has tried to use the decision of the district court of jurisdiction to review the case on new circumstances. May 23, The Economic Court of Kyiv accepted evidence of the Juscutum Legal Advisers Company on groundless arguments provided by the Kyivenergo. But the court ruled that the adoption of a resolution, even for a similar case, is not new circumstances of the dispute.