Here is the translation:
1. Subject of Dispute: Recognition of invalidity of the contract for reconstruction of a barracks into a multi-apartment residential building, concluded between the Podilskyi Capital Construction Management of the Ministry of Defense of Ukraine and PE “QAD”.
2. Main Arguments of the Court: – The contract has characteristics of a joint activity agreement, which requires mandatory approval from the Ministry of Defense of Ukraine. The Capital Construction Management signed the contract without necessary permits, exceeding its powers. The contract provided for joint investment and distribution of constructed housing, which characterizes it as a joint activity agreement. The expiration of the contract’s validity period does not preclude the possibility of recognizing it as invalid.
3. Court Decision: The Cassation Commercial Court cancelled the decision of the appellate court and upheld the decision of the first instance court on recognizing the contract as invalid.
