Subject of the Dispute: Return of a Land Parcel to the State, which was Illegally Transferred to Private Ownership.
Main Arguments of the Court:
1. The land parcel is partially located on forest fund lands that were under permanent use by the state enterprise “Turiiske Forestry Enterprise”.
2. The transfer of the land parcel to private ownership occurred with violation of land and forest legislation, as part of the parcel belongs to lands of forestry purpose.
3. The Appellate Court incorrectly assessed the evidence and did not take into account the prejudicial significance of the decision in case No. 169/507/22, which confirms the illegality of the land parcel transfer.
Court Decision: To cancel the resolution of the appellate court and refer the case for a new review to thoroughly examine the case circumstances and legal regime of the land parcel.
