1. Subject of the dispute – the opening of bankruptcy proceedings against the State Enterprise “Experimental Farm “Hontarivka” at the initiative of the creditor, “Ukravit Science Park” LLC, due to existing debt for the delivered goods.
2. The court of cassation instance, overturning the decisions of previous courts, emphasized the need to take into account special legislative restrictions introduced for the period of martial law regarding the opening of proceedings in bankruptcy cases. The court noted that in order to make a well-founded decision, it is necessary to investigate the economic relations between the parties, in particular, the time of the debt occurrence, the reasons for its occurrence, the debtor’s property status, the location of its assets, as well as the existence of a causal relationship between the armed aggression and the debtor’s inability to fulfill its obligations. The Court emphasized that the courts of previous instances did not take these circumstances into account, did not properly examine the evidence regarding the debtor’s property status and the causal relationship between military actions and the impossibility of fulfilling obligations, which led to the incorrect application of substantive law. The court indicated that the mere fact that the enterprise is located in the territory of possible hostilities is not an unconditional basis for refusing to open bankruptcy proceedings, but requires a comprehensive analysis of the circumstances of the case.
3. The court decided to satisfy the cassation appeal, cancel the decisions of the previous courts and send the case for a new trial to the court of first instance.
