1. **Subject of the dispute:** The farm enterprise “Kalnyi” appeals the appellate court’s ruling on the closure of appellate proceedings in the bankruptcy case, arguing that the court did not resolve the issue of the distribution of court costs.
2. The court of cassation found that the appellate court rightfully accepted the refusal of “Finintellect-Plus” LLC from the application to invalidate the debtor’s transactions and declared the decision of the court of first instance invalid, as it complies with the Commercial Procedure Code of Ukraine. However, the appellate court mistakenly closed the appellate proceedings instead of closing the bankruptcy case as a whole. Also, the court did not ascertain whether the applicant was informed about the consequences of the withdrawal of the application, which is important considering possible restrictions on re-applying to the court with a similar dispute. The court emphasized that the appellate court should have resolved the issue of the distribution of court costs when closing the case, which was not done, referring to the previous practice of the Supreme Court. Since the appellate court did not resolve the issue of the distribution of court costs and did not inform the applicant about the consequences of the closure of proceedings, this is a violation of the norms of procedural law.
3. The court decided to overturn the ruling of the appellate court and send the case for a new consideration to the court of appellate instance to eliminate the specified violations.
