Bankruptcy Cases, Land Relations, and Corporate Disputes: Review of the Supreme Commercial Court of the Supreme Court's Judicial Practice
The Supreme Court published a review of the current judicial practice of the Supreme Commercial Court of the Supreme Court for April, highlighting key legal positions in certain categories of disputes within commercial jurisdiction.
In rulings on bankruptcy cases, legal conclusions were formulated regarding:
▪️ the calculation of penalties for late payment of the Antimonopoly Committee of Ukraine's fine in bankruptcy procedures;
▪️ invalidation of the debtor's transaction without a request to apply the consequences of invalidity;
▪️ jurisdiction over requests to disclose banking secrecy concerning the debtor in bankruptcy cases;
▪️ inadmissibility of re-examining the issue of the debtor's declaration authenticity after the ruling recognizing the debtor as bankrupt has come into legal force.
In a ruling related to antimonopoly and competition law, it was concluded that the concepts of "suspension of the AMC's decision" and "suspension of the execution of the AMC's decision" are not identical, due to their different legal nature and distinct legal consequences.
In rulings on corporate disputes and corporate rights, conclusions were made regarding:
▪️ the absence of a participant's right to independently convene a general meeting if the issues proposed by them are not included in the agenda;
▪️ the director of a legal entity does not have the right to challenge the decision to exclude the legal entity from the Chamber of Commerce and Industry membership on grounds of violation of their corporate rights;
▪️ the obligation of the condominium association, represented by the board, to provide co-owners with information about the association's activities;
▪️ the inadmissibility of securing a claim in a dispute about restoring the powers of a supervisory board member by prohibiting the joint-stock company from concluding contracts with its new members.
In a ruling on land relations, a legal conclusion was set out regarding the validity and effectiveness of a claim for the return of a land plot as a consequence of the nullity of the land lease agreement and the application of the statute of limitations.
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