Subject of the Dispute: Return of a land plot with an area of 0.25 hectares, partially located within the boundaries of a local significance forest reserve, in favor of the state.
Main Arguments of the Court:
1. Part of the disputed land plot belongs to the lands of forestry purpose and is in permanent use by the state enterprise “Kyiv Forestry Enterprise”.
2. Dmytrivka Village Council did not have the authority to dispose of state-owned forestry land plots.
3. The court recognized that to resolve the dispute, it is necessary to precisely determine the area of land plot overlap, rather than return the entire plot.
Court Decision: Revoke previous court decisions and refer the case for a new review to the appellate court to establish the exact area of land plot overlap.
