Subject of Dispute: Invalidation of the Land Lease Agreement for Water Fund Land and Its Return to the State.
Main Arguments of the Court:
1. The Bila Tserkva District State Administration did not have the authority to lease the land plot, as it incorrectly equated the concepts of “water management” and “fish farming”.
2. The lease agreement was concluded without conducting land auctions, which violates land legislation requirements.
3. The Court deviated from previous practice regarding inheritance of land lease rights, pointing to the need for a detailed investigation of all case circumstances.
Court Decision: Rescind previous court decisions and refer the case for a new review to the court of first instance for a comprehensive and thorough examination of the case circumstances.
