1. The subject of the dispute is the closure of appellate proceedings on the complaint of LLC “IBC “Dniprobud” against the decision of the court of first instance on the recognition of property rights to an unfinished construction object for an individual.
2. The court of cassation established that the appellate court mistakenly closed the appellate proceedings, since the decision of the court of first instance directly affects the rights and obligations of LLC “IBC “Dniprobud” as the construction client, considering the contractual relations between LLC “IBC “Dniprobud” and LLC “Via-Avto” regarding the construction of the object. The court emphasized that the appellate court did not properly assess the arguments of the appeal complaint of LLC “IBC “Dniprobud” and did not take into account the circumstances regarding the removal of LLC “Via-Avto” from performing the functions of the construction client. The court departed from the previous position, according to which it was necessary to clarify whether the decision of the court of first instance violates the rights and interests of the person who filed the appeal.
3. The Supreme Court overturned the ruling of the appellate court and sent the case for continued consideration to the appellate instance.
