1. The subject of the dispute in this case is the claim of an individual for early termination of a land lease agreement with an agro-industrial cooperative.
2. The main argument of the court of cassation instance, which supported the position of the appellate court, was the determination of the proper jurisdiction for considering this dispute. The court took into account that the respondent – the agro-industrial cooperative – is undergoing bankruptcy procedure, and liquidation proceedings have been initiated against it. According to the Code of Ukraine on Bankruptcy Procedures and the Commercial Procedure Code of Ukraine, all property disputes in which the debtor in the bankruptcy case is a party must be considered by the commercial court within the bankruptcy case. The court also drew attention to recent changes to the Land Code of Ukraine (Article 93), which allow the lessee of agricultural land to alienate the lease right without the owner’s consent, making this right a property asset. Thus, the dispute regarding the termination of the lease agreement affects the composition of the debtor’s liquidation estate, and therefore is a property dispute subject to consideration in the commercial court.
3. The Supreme Court left the plaintiff’s cassation appeal unsatisfied, and the appellate court’s ruling, by which the proceedings in the case were closed due to improper jurisdiction, unchanged.
