Subject of Dispute: The Prosecutor Attempted to Declare the Transfer of a Land Plot to Private Ownership Illegal and Return It to Communal Ownership.
Main Arguments of the Court:
1. The Court considers that the prosecutor chose an inappropriate method of protecting the right – instead of vindication (claiming property), he requested to declare the decisions illegal and cancel them.
2. According to the judicial practice of the Supreme Court, to return a land plot, a vindictive claim must be filed against the person who currently has ownership rights to the plot.
3. Declaring local self-government body decisions illegal is not an effective method of protecting property rights.
Court Decision: To leave the prosecutor’s cassation appeal unsatisfied, court decisions of previous instances – unchanged.
