Here is the translation:
1. Subject of Dispute: The prosecutor on behalf of the Novomoskovsk City Council demanded the demolition of unauthorized structures on a water fund land plot and termination of individual entrepreneur Huseynova M.’s ownership rights to these objects.
2. Key Court Arguments:
– Disputed buildings are located in the coastal protection zone of the Samara River without land allocation and necessary permits
– Objects constitute unauthorized construction in accordance with Article 376 of the Civil Code of Ukraine
– State registration of ownership rights for unauthorized construction does not change its legal regime
– The landowner has the right to demand demolition of illegal structures
3. Court Decision: The prosecutor’s claim was fully satisfied – mandating demolition of buildings and termination of individual entrepreneur Huseynova M.’s ownership rights to the disputed objects.
Note: The court deviated from previous practice regarding methods of protecting the landowner’s rights.
