Bankruptcy, Privatization, Corporate and Land Disputes: The Supreme Court Published a Review of Practice for June 2026
The Supreme Court published a review of the current judicial practice of the Cassation Commercial Court of the Supreme Court for June 2026, highlighting key legal positions in certain categories of disputes within commercial jurisdiction, namely:
- In rulings on bankruptcy cases, legal conclusions were formulated regarding:
- jurisdiction of a dispute with an individual guarantor after claims against the main debtor were left without consideration due to bankruptcy;
- inadmissibility of simultaneous recovery of two penalties for one ongoing violation during the sale of property at auction in bankruptcy proceedings;
- determination of territorial jurisdiction of a bankruptcy case in the event of cancellation of illegal registration actions regarding the change of the debtor’s location;
- refusal to open proceedings in a case of insolvency of an individual due to failure to prove insolvency grounds and submission of evidence in a foreign language without notarized translation.
- In a ruling related to antimonopoly and competition law, a conclusion was formulated regarding the start of the appeal period against the decision of the Antimonopoly Committee of Ukraine in case it was not received by the addressee.
- In rulings on corporate disputes and corporate rights, conclusions were made about:
- criteria for defining several transactions as one significant transaction;
- priority of the Law of Ukraine "On Privatization of State and Communal Property" over the provisions of the Private Joint Stock Company’s charter;
- the person responsible for bringing the ownership structure of a media entity in line with the requirements of the Law of Ukraine "On Media";
- inadmissibility of securing a claim to invalidate a decision on the contribution of real estate to the company’s authorized capital and to recover jointly owned marital property from unlawful possession by suspending decisions on forced alienation of property during martial law.
- In rulings on land relations and property rights, legal conclusions were set out regarding:
- unreliability of information about the object of state property lease and consequences of declaring the lease agreement invalid;
- legal consequences of refusal by an adjacent land user to sign the act of boundary agreement of the land plot;
- consequences of concluding a lease agreement for a cultural heritage site without approval from the cultural heritage protection authority.
- In rulings on disputes arising from transactions, including contracts, legal conclusions were provided regarding:
- resolution of a pre-contractual dispute about concluding a mandatory contract and determination of its essential terms by the court;
- consequences of untimely submission of a certificate from the Chamber of Commerce and Industry of Ukraine to confirm force majeure circumstances.
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