Subject of Dispute: Reclaiming a Land Parcel Located within the “Red Line” of a Street from Private Ownership in Favor of the Territorial Community of Uzhhorod City.
Main Arguments of the Court:
The court noted that the appellate court erroneously rejected the prosecutor’s claim without investigating the circumstances of the illegal alienation of the land parcel from communal ownership. The land parcel is located within the “red line” of the street, which is public land and cannot be transferred to private ownership. The prosecutor legitimately appealed to the court in the interests of the state, as the Uzhhorod City Council made illegal decisions regarding the transfer of the land parcel.
Court Decision: To cancel the appellate court’s ruling and remand the case for a new hearing to establish all circumstances of the case and assess the legality of the land parcel’s alienation from communal ownership.
