Developments In Court Practice In November

There have been several important developments in the practice of the higher courts of Ukraine released in November.

• The Supreme Court of Ukraine having heard the claim seeking the declaration of the agreement fictitious concluded that when deciding whether the agreement is fictitious the courts shall be guided by the real intention of the parties thereto as well as the relations between the parties established by the agreement. The Supreme Court of Ukraine also noted that a prior judicial invalidation of the fictitious agreement is not necessary for the court to hold that the agreement is fictitious (Ruling No. 6-133цс12 of 14.11.2012).
• The Supreme Court of Ukraine in case pertaining to the termination of the surety agreement held that a surety agreement terminates if the non-agreed changes to the agreement entails the increase in the surety's liability (i.e. increase in interest rates). The surety in such instances is not required to bring a separate