Subject of the Dispute: The Prosecutor Attempts to Invalidate the State Certificate for a Forest Fund Land Plot and Reclaim It for State Ownership.
Main Court Arguments:
1. The Court established that the land plot was illegally withdrawn from state ownership as a result of criminal actions by local council officials in 2003.
2. The Court deviated from previous practice and indicated that invalidating the state certificate is not an effective method of protecting state property rights.
3. The only appropriate method of protection is a vindicatory claim – demanding the land plot from the last acquirer (LLC “Skorzonera”) through commercial court proceedings.
Court Decision: Reject the prosecutor’s claim and terminate the proceedings regarding the claims against LLC “Skorzonera” due to improper jurisdiction.
