Here is the translation of the legal text:
1. The subject of the dispute is the termination of the land lease agreement, initiated by the new owner of the land plot on the basis of a clause in the agreement that provides for such a possibility in the event of a change of owner.
2. The appellate court, overturning the decision of the court of first instance and closing the proceedings, reasoned that after the opening of proceedings in the bankruptcy case of the tenant (APC “Starosilskyi”), all property disputes in which the debtor is a party must be considered within the framework of the bankruptcy case by the commercial court. The court also took into account changes in land legislation that allow the tenant to alienate the lease right without the consent of the landowner, and therefore, the lease right may be included in the liquidation estate of the bankrupt. **** The Supreme Court departed from its previous position, according to which a dispute in a claim by a tenant, against whom bankruptcy proceedings have been initiated, for termination of land lease agreements is not among those that fall under the jurisdiction of the commercial court within the bankruptcy case.
3. The Supreme Court dismissed the cassation appeal and upheld the appellate court’s decision, confirming that the dispute is subject to consideration within the bankruptcy proceedings in the commercial court.
