Subject of Dispute: Recognition of Creditor Claims of PJSC “Ukrainian Innovation Company” against LLC “Mykolaiv Business Center “Oleksandrivskyi” in the Bankruptcy Case for the Amount of 20,084,721.33 UAH.
Main Arguments of the Court:
The court established that PJSC “Ukrinbank” and PJSC “Ukrainian Innovation Company” are the same legal entity, despite the change in name. Previous courts prematurely and arbitrarily interpreted previous court decisions regarding the transfer of bank rights and obligations. The Court of Appeal did not conduct a proper analysis of the case circumstances, limiting itself to a formal reference to previous decisions, did not examine the evidence, and did not provide an independent legal assessment of the acquisition of the right to claim under credit agreements.
Court Decision: To cancel the resolution of the Court of Appeal and refer the case for a new review to the appellate commercial court for a comprehensive and objective clarification of the case circumstances.
