1. The subject of the dispute is the termination of the land lease agreement, initiated by the owner due to the tenant, Agro-Industrial Cooperative “Starosilskyi”, systematically failing to pay the rent.
2. The court of cassation instance agreed with the decision of the court of appeal to close the proceedings in the case, since AIC “Starosilskyi” is in bankruptcy proceedings, and according to the current legislation, all property disputes involving the debtor must be considered by the commercial court within the bankruptcy case. The court noted that changes in the legislation allow the tenant to alienate the lease right without the consent of the owner, which makes the lease right an asset that can be included in the liquidation estate of the bankrupt. The court also took into account that the termination of the lease agreement will affect the liquidation estate of the debtor, as it will deprive him of the opportunity to receive income from the lease or sell the lease right. The court noted that the consideration of the case outside the jurisdiction does not violate the right to access to the court.
3. The Supreme Court dismissed the cassation appeal, and the decision of the court of appeal remained unchanged, confirming that the dispute should be considered within the framework of the bankruptcy proceedings in the commercial court.
