1. **Subject of the Dispute:** Recognition of a land lease agreement between Pari Retail LLC and the Kyiv City Council as concluded in the version proposed by the plaintiff, due to the existence of disagreements regarding the terms of payment for land use prior to the registration of the leasehold right.<\/p>\n
2. **Court Arguments:** The Supreme Court indicated that the courts of lower instances took a formalistic approach to resolving the dispute, limiting themselves to stating the absence of the parties’ consent regarding the disputed contractual term. The Court emphasized that when considering cases on compelling the conclusion of an agreement, the court is obligated not merely to dismiss the claim, but to independently assess the content of the agreement for compliance with the law and to resolve the disagreements between the parties. Furthermore, the Court highlighted the importance of the principle of good faith: if a local self-government body groundlessly evades concluding an agreement or proposes unacceptable terms, this may be regarded as an abuse of right. The Supreme Court drew attention to the principle of the unity of the legal fate of a building and a land plot, which obliges the authority to formalize the right of land use for the owner of the real estate. Since the courts did not assess the good faith of the defendant’s conduct and did not verify whether the disputed term of the agreement contradicts legislation, their decisions were deemed premature. In this ruling, the Court departs from the previous position held in other Supreme Court decisions regarding the impossibility of a court resolving a dispute over the conclusion of an agreement in the absence of the parties’ consent to its essential terms, noting that it is precisely for the resolution of such disagreements that judicial procedure is provided.<\/p>\n
3. **Court Decision:** The Supreme Court set aside the decisions of the courts of first and appellate instances and remanded the case for a new trial to the Commercial Court of the City of Kyiv.<\/p>\n