Subject of the Dispute: Termination of Land Lease Agreements and Their Return Due to Systematic Non-Payment of Rent by the Lessee.
The Court was guided by the following main arguments:
1. Paragraph “d” of Part One of Article 141 of the Land Code of Ukraine provides an independent and sufficient ground for terminating a land lease agreement in case of systematic (two or more instances) complete non-payment of rent.
2. In the case of partial non-payment (underpayment) of rent, the general rule of Part Two of Article 651 of the Civil Code of Ukraine on the materiality of contract breach applies.
3. The lessee’s repayment of debt after filing the lawsuit has no legal significance for resolving the dispute about terminating the lease agreement.
The Court satisfied the prosecutor’s claim, terminated the land lease agreements, and obligated the lessee to return them to the owner.
