1. The subject of the dispute is the appeal against the order of the Ministry of Justice of Ukraine on the cancellation of the state registrar’s decision regarding the registration of ownership of real estate by LLC “Linkor Trade Ukraine,” which was acquired at electronic auctions.
2. The court of cassation overturned the decisions of the previous instances, which satisfied the claim of LLC “Linkor Trade Ukraine,” motivating this by the fact that the courts did not take into account the conclusions of the Grand Chamber of the Supreme Court regarding the subject composition of the parties in disputes regarding the cancellation of orders of the Ministry of Justice of Ukraine. The court noted that in disputes concerning property rights, the defendant should be the person whose right to property is disputed (in this case, PJSC “Ukraine”), and not only the Ministry of Justice of Ukraine, with whom the plaintiff has no dispute about property rights. Since LLC “Linkor Trade Ukraine” did not involve PJSC “Ukraine” in the case, the court concluded that the claim should be dismissed due to its being brought against an improper defendant. The court also referred to the fact that the determination of defendants is the right of the plaintiff, but the establishment of the proper defendants is the obligation of the court. The court noted that it departs from previous conclusions of the Supreme Court in similar cases, where the sole defendant could be the Ministry of Justice.
3. The court of cassation overturned the decisions of the previous courts and refused to satisfy the claim of LLC “Linkor Trade Ukraine.”
