Subject of the Dispute: Claiming a land plot of 3.7483 hectares into communal ownership from the illegal possession of an individual and a farming enterprise.
Main Arguments of the Court:
1. PERSON_2, as a member of the farming enterprise “Valentyna”, received the land plot free of charge without transferring it to the enterprise.
2. After receiving the plot, PERSON_2 did not engage in farming activities but immediately leased it to the same farming enterprise.
3. The purpose of obtaining the land plot was not to create a farming enterprise, but to obtain land free of charge outside of a competitive process.
Court Decision: The Supreme Court reversed the decisions of previous instances and closed the proceedings, indicating that such a dispute should be considered under civil judicial procedure.
