Successful Case
LESHCHENKO & PARTNERS secures Supreme Court ruling overturning decisions of two lower courts
The LESHCHENKO & PARTNERS team has achieved a significant result before the Supreme Court in a commercial dispute concerning the protection of the client’s property rights. The Commercial Cassation Court within the Supreme Court upheld the team’s key arguments, overturned the decisions of the first-instance and appellate courts, and remitted the case for a new hearing.
The ruling was issued on 23 June 2026 in case No. 910/2919/25.
The client of LESHCHENKO & PARTNERS is a Ukrainian company that initiated court proceedings to protect its property rights. The dispute concerned claims seeking to invalidate agreements, cancel the state registration of ownership rights, and recover property from unlawful possession.
The first-instance and appellate courts did not uphold the claimant’s position. However, following a detailed review of the case materials, the LESHCHENKO & PARTNERS team identified a number of circumstances that, in its view, had not been properly assessed during the previous proceedings. These issues became the foundation of the cassation strategy.
The Supreme Court agreed with the key arguments raised in the cassation appeal and found that the conclusions reached by the lower courts had been premature.
In particular, the Court emphasised the need to properly examine the terms of the agreement, the manner in which the parties had performed their respective obligations, the circumstances surrounding the acquisition of the property, and other evidence material to the proper resolution of the dispute.
The Supreme Court also addressed the inadmissibility of excessive formalism when considering claims. A court must determine the actual legal objective pursued by the claimant and correctly apply the relevant substantive law under the principle of jura novit curia — “the court knows the law”.
As a result, the Supreme Court overturned the decisions of the lower courts and remitted the case for a new hearing.
The new hearing is of particular importance to the client: the case will now be reconsidered in light of the Supreme Court’s legal findings, while the circumstances and evidence material to the dispute must receive proper judicial assessment.
“This case clearly demonstrates why it is important not to focus solely on the outcome of the previous proceedings, but to carefully analyse how the courts arrived at their conclusions. By identifying the relevant procedural and substantive-law errors, we were able to develop a cassation strategy that was upheld by the Supreme Court. For the client, this provides an opportunity to continue protecting its rights with clear legal guidance from the court of cassation”
