1. **Subject matter of the dispute:** Challenging by the debtor (Peasant Farm “Zolotyj Zhaivir”) the actions and inaction of the state enforcement officer regarding the compulsory recovery of funds in enforcement proceedings initiated after the commencement of bankruptcy proceedings for this debtor.
2. **Main arguments of the court:**
– The court emphasized the priority of the norms of the Code of Ukraine on Bankruptcy Procedures (CUBP) as a special law over the general norms of procedural law.
– The Supreme Court departed from its own previous position (set forth in the ruling of November 4, 2025, in case No. 604/773/24), which allowed for such complaints to be considered in civil proceedings if the claimant’s claims were “current.”
– The Joint Chamber established that any dispute, the resolution of which could result in a change in the size or composition of the debtor’s liquidation estate, must be considered exclusively by the commercial court in whose proceedings the bankruptcy case is pending.
– The court noted that the concentration of all property disputes in one commercial court is necessary for effective judicial control over the debtor’s assets and the protection of the rights of all creditors.
– Since the bankruptcy proceedings had already been opened at the time the complaint was filed, civil courts did not have the authority to consider this complaint on its merits.
– The court emphasized that a violation of the rules of subject-matter jurisdiction is an unconditional ground for the cancellation of judicial decisions, regardless of the parties’ arguments.
3. **Court’s decision:** The Supreme Court set aside the decisions of the courts of first and appellate instances and referred the case files for consideration to the Commercial Court of Khmelnytskyi Region, in whose proceedings the debtor’s bankruptcy case is pending.
