Subject of the Dispute: Return of the House of Culture to the Communal Ownership of the Khmelnytskyi City Council, which previously belonged to the Collective Agricultural Enterprise.
Main Arguments of the Court:
The court recognized that the allocation is a form of enterprise reorganization, contrary to previous court decisions. The House of Culture, as a social infrastructure object, was not subject to share distribution and should have been transferred to communal ownership free of charge. The appellate court incorrectly applied substantive law norms, failing to consider the current position of the Supreme Court regarding enterprise reorganization.
Court Decision: To cancel the resolution of the appellate commercial court and refer the case for a new review to the appellate court for repeated analysis of the case circumstances.
