Subject of the Dispute: Reclaiming a land plot with an area of 1.87 hectares, which was illegally alienated from state ownership and transferred to private ownership.
Main Arguments of the Court:
1. The court established that the land plot was located within low-productive degraded lands of the state fund, which were subject to conservation through afforestation.
2. A portion of the land plot with an area of 1.2564 hectares was reclaimed in favor of the Polonsk City Council, as it was illegally alienated from state ownership.
3. Regarding the claims for cancellation of registration, the court considers that the vindication of the land plot is a more effective method of protecting the right than canceling registration records.
Court Decision: To uphold the decisions of previous instances, rejecting the prosecutor’s cassation appeal in full.
