1. The subject of the dispute is the recognition as invalid of the gratuitous use agreement of communal property, concluded between the Olevsk City Council and Olevsk Lease Enterprise of Heating Networks LLC, the return of the property and the recovery of damages in the amount of the rent that the city council could have received if the property had been leased.
2. The court of cassation established that the courts of previous instances did not investigate the issue of the application of the statute of limitations to the claim for recognition of the agreement as invalid, although the defendant had declared this; the courts did not clarify the moment of commencement of the statute of limitations, the circumstances regarding its interruption, suspension or extension, which is important for resolving the issue of the application of the consequences of the expiration of the statute of limitations; since the claim for damages is derivative of the claim for recognition of the agreement as invalid, its consideration is also premature. The court deviated from the previous position regarding the possibility of recognizing a transaction as invalid, even if both parties committed violations.
3. The Supreme Court overturned the decisions of the previous courts and sent the case for a new trial to the court of first instance.
