1. The subject of the dispute is the recognition of ownership of inherited property in the order of hereditary transmission.
2. The court of cassation considered the issue of the legality of suspending appellate proceedings in a civil case pending a decision in criminal proceedings that are at the stage of pre-trial investigation, where the fact of forgery of a state act on land ownership, which is the basis for inheritance, is being investigated. The court noted that the suspension of proceedings is possible only in the case of another case that is being considered in the order of legal proceedings, and not at the stage of pre-trial investigation. The court emphasized that another interpretation could lead to delays in the consideration of the civil case and a violation of the principle of legal certainty. The court also took into account the practice of the European Court of Human Rights regarding reasonable time limits for the consideration of a case. The court indicated that the suspension of proceedings in a case should not be considered as an unjustified delay in the consideration of the case and is applied only in circumstances defined by procedural law.
3. The court of cassation overturned the ruling of the court of appeal and sent the case for continued consideration to the court of appeal.
: The Court states in its decision that it is departing from its previous position, which was in other decisions of the Supreme Court.
