Subject of Dispute: Return of a Forestry Land Parcel Illegally Alienated from State Ownership.
Main Court Arguments:
1. The court established that the forestry land parcel was illegally transferred from state ownership to private individuals through a series of consecutive legal transactions.
2. The court concluded that the most effective method of protecting the state’s right is a vindicatory claim (recovery of the land parcel), rather than a negatory claim for removing obstacles, which was filed by the prosecutor’s office.
3. The court emphasized that the state, as the owner of the land parcel, has the right to demand its return, even if it is not the actual possessor.
Court Decision: Uphold the previous court decisions refusing to satisfy the prosecutor’s claim, as the method of protection was chosen incorrectly.
