Good day! Of course, I will analyze this court decision.
1. The subject of the dispute is the early termination of the land lease agreement, initiated by the new owner of the land plot on the basis of a clause in the agreement that provides for such a possibility in the event of a change of owner.
2. The appellate court overturned the decision of the court of first instance and closed the proceedings in the case, motivating this by the fact that APC “Starosilskyi” was in bankruptcy proceedings at the time of the case’s consideration. The appellate court noted that, according to current legislation, 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 the changes in land legislation that allow the lessee to alienate the lease right without the consent of the landowner, which makes the lease right an asset that can be included in the bankruptcy estate of the bankrupt. Given this, a dispute over the termination of a lease agreement may affect the debtor’s liquidation estate and, therefore, must be considered within the bankruptcy proceedings.
3. The cassation court upheld the appellate court’s decision, confirming that the dispute is subject to consideration within the bankruptcy proceedings of APC “Starosilskyi” by the commercial court.
