1. The subject of the dispute is the termination of a land lease agreement concluded between an individual (lessor) and an agro-industrial cooperative (lessee) due to systematic non-payment of rent.
2. The court of cassation agreed with the decision of the court of appeal to close the proceedings in the case, since the agro-industrial cooperative was declared bankrupt, and liquidation proceedings were initiated. The court noted that, according to procedural law, all property disputes in which the debtor in a bankruptcy case is a party must be considered by the commercial court within the bankruptcy case. The court also took into account changes in land legislation that allow the lessee to alienate the lease right without the consent of the owner, which makes the lease right an asset of the liquidation estate. The court noted that the consideration of the case on the termination of the lease agreement in a civil court, and not in a commercial court, will lead to a violation of jurisdiction and will not be considered a “court established by law.”
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 bankruptcy proceedings in the commercial court.
