The Grand Chamber of the Supreme Court commented on the priority of the norms of the Civil Code of Ukraine in the case of invalidation of the certificate of ownership in the Resolution dated 22.06.2021 in the case No. 334/3161/17.
On the date of conclusion by the claimant an agreement of sale of the apartment, there was a conflict of the Law of Ukraine “On the state registration of rights and their burdens” and the Civil Code of Ukraine regarding the moment of ownership of the buyer under the contract of sale. In particular, the Civil Code of Ukraine stipulates that the right arises from the moment of state registration of the transaction, the Law – from the moment of state registration of the real right acquired under such transaction.
Grand Chamber of the Supreme Court departed from the previously stated conclusion in the Resolution dated 13.11.2019 in the case No. 755/9215/15-ts and noted If the Civil Code of Ukraine and another statutory instrument that has the legal force of the law of Ukraine contain single-subject norms that have different meanings, then the norms of the Civil Code of Ukraine are a priority.
