1. The subject of the dispute is the eviction of the Central State Archive-Museum of Literature and Art of Ukraine from the leased premises due to the expiration of the lease agreement.
2. The court of cassation reversed the decisions of the courts of previous instances regarding the refusal to evict, because the courts mistakenly applied the provisions of the Law of Ukraine “On Culture” and “On Museums and Museum Affairs,” which do not regulate lease relations, but are instead regulated by the special law “On Lease of State and Communal Property.” The court noted that the Law of Ukraine “On Culture” concerns investment, innovation, and privatization in the field of culture, and not lease relations. The court concluded that in the event of termination of the lease agreement for the premises of a cultural institution, such institution is obliged to return the property, since the Law of Ukraine “On Culture” does not apply to these relations. At the same time, considering the importance of preserving cultural heritage and the uniqueness of the archive-museum, the court amended the reasoning part of the decision, indicating that the eviction of the museum without providing equivalent premises would lead to the destruction of values, which contradicts Ukraine’s international obligations. The court emphasized the state’s obligation to ensure proper conditions for the preservation of cultural values.
3. The court of cassation partially granted the cassation appeal, amending the reasoning part of the decisions of the courts of previous instances, but left unchanged the decision to refuse the claim for eviction.
