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05.02.20 23:56:12

Supreme Court finds unlawful practice of fraudulent debtors deliberately delaying trial

By the decision of February 05, 2020 in case No. 910/7570/19 the Cassation Economic Court as part of the Supreme Court granted the cassation appeal of LLC Trade House Avtokomplekt, whose interests were represented by lawyer Igor Khasin, cancelled the ruling of the Northern Court of Appeal and upheld the decision of the Kyiv Commercial Court. The position of the court of appeal, which the Supreme Court recognized as erroneous, was that if the defendant in the debt collection case submitted an application for offsetting claims, even on the day of the hearing, the court should refuse to satisfy the initial claim, because, by virtue of the presumption of lawfulness transaction, this statement, as a one-way transaction, is valid, and the court should not examine the primary documents to determine whether there was a collateral debt that the defendant “counted”.