Subject of Dispute: Termination of a Land Lease Agreement and Demolition of an Unauthorized Construction on a Land Plot in the City of Berdychiv, Located in the Archaeological Cultural Layer Protection Zone.
Main Court Arguments: The Supreme Court considers that previous judicial instances incorrectly evaluated the evidence and circumstances of the case. Firstly, the courts did not verify compliance with the lease agreement conditions regarding construction approval. Secondly, they did not establish the compliance of construction with the legislation on cultural heritage protection, since the land plot is located in the historical zone of the city. Thirdly, they did not provide a legal assessment of whether the disputed building constitutes unauthorized construction in accordance with Article 376 of the Civil Code of Ukraine.
Court Decision: The Supreme Court revoked previous court decisions and referred the case for a new review to the court of first instance for a comprehensive and thorough investigation of the circumstances.
