Subject of Dispute: Invalidation of an Additional Agreement to the Lease Agreement for an Educational Institution Premises.
Main Arguments of the Court:
1. The Supreme Court established that the conditions of the additional agreement violate part four of Article 80 of the Law of Ukraine “On Education”, which prohibits the use of state educational institutions’ property for purposes other than educational.
2. The lease agreement provided for the possibility of using the premises at the lessee’s discretion, which directly contradicts the legislation on education.
3. The court emphasized that even prolonged non-use of the premises by the educational institution does not give the right to lease it for purposes unrelated to the educational process.
Court Decision: To declare Additional Agreement No. 3 to the lease agreement invalid and to oblige Individual Entrepreneur Lysak to return the premises to the educational institution.
