1. The subject of the dispute is the recognition as illegal of the decision of the Kryvyi Rih City Council to change the designated purpose of the land plot and the recognition as invalid of the lease agreement for this plot.
2. The court of cassation instance, when considering the case, noted that changing the designated purpose of a land plot on which a gas station is located from land for industry, transport, communications, energy, defense and other purposes to land for residential and public development is illegal, as it contradicts the requirements of land legislation, which provides for the placement of gas stations on transport lands. The court emphasized that the prosecutor chose an effective method of protection by appealing the city council’s decision, as such a decision has not exhausted its effect and creates legal consequences. Regarding the claim for recognition of the lease agreement as invalid, the court noted that since there is immovable property on the plot that belongs to the defendant, recognizing the agreement as invalid will lead to a violation of the property owner’s rights. The court also indicated that the proper method of protection in this case is a claim for payment of the unpaid amount of rent, and not recognition of the lease agreement as invalid in its entirety. The court departed from the conclusion regarding the possibility of recognizing the contract as invalid without the mandatory application of the consequences of the invalidity of the transaction in the form of returning the land plot, as stated in the decision of the Supreme Court of 09.10.2024 in case No. 904/205/23.
3. The court partially satisfied the cassation appeal, overturning the decision of the appellate court in the part of overturning the decision of the court of first instance on recognizing the city council’s decision as illegal, and upheld the decision of the court of first instance in this part, and left the rest of the appellate court’s decision unchanged.
