1. The subject of the dispute is the legality of the decision of the Poltava City Council regarding the extension of the placement of temporary structures for entrepreneurial activity, the action of the land easement, and the term of validity of the tie-in passports for JSC “Poltava-bank.”
2. The court of cassation agreed with the conclusions of the courts of previous instances that the Poltava City Council acted in violation of the requirements of the law, since it did not take into account the lack of approval from the National Police for the placement of temporary structures and did not verify the conformity of the area of the structures to the established restrictions. The court noted that even if violations are detected after the issuance of the permit, the city council is obliged to correct the error and bring the placement of the structures into compliance with the law or refuse to extend the permit. The court did not agree that the absence of registration of the land easement is a basis for canceling the decision. The court also emphasized that a new legislative act applies to ongoing legal relations from the moment it enters into force, and therefore the requirements for the area of temporary structures established later are valid.
3. The Supreme Court partially satisfied the cassation appeals, changing the reasoning part of the decisions of the courts of previous instances, but left them unchanged in the remaining part.
