Here is the translation:
1. Subject of Dispute: The prosecutor challenged the decision of the Kherson City Council regarding the transfer of a land plot to LLC “VLADI-MYR PLUS” and the lease agreement for this land plot.
2. Main Arguments of the Court:
– Declaring the council’s decision invalid, which has already been executed (lease agreement signed), is not an effective method of protection.
– The prosecutor did not file claims for the return of the land plot, therefore the chosen method of protection will not lead to the restoration of the territorial community’s rights.
– The lease agreement was concluded with violations of land legislation, but without a claim for its return, the lawsuit is ineffective.
3. Court Decision: Deny the prosecutor’s claim due to the ineffectiveness of the chosen methods of protection.
Note: The court emphasized that the prosecutor is not deprived of the right to file a new lawsuit by choosing an appropriate and effective method of protecting violated rights.
