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Case No. 278/1009/18 dated April 16, 2025

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1. The subject of the dispute is the legality of granting land plots to an individual for farming.

2. The court of cassation, overturning the decisions of the courts of previous instances, was guided by the fact that the disputed land plots were granted for farming, and therefore, according to the legal conclusions of the Grand Chamber of the Supreme Court, such disputes should be considered by commercial courts, regardless of whether the individual had previously received land for the establishment of a farm and whether this farm was established. The court noted that violation of the rules of jurisdiction is a mandatory ground for annulment of the decision. Also, the court took into account that from the moment of state registration of the farm, the obligations of the land tenant are transferred to the farm as a legal entity. Considering that the dispute concerns the use of the farm’s lands, it is subject to consideration in the commercial court.

3. The court overturned the decisions of the courts of previous instances and closed the proceedings in the case, indicating the need to consider the case in the commercial court.

: The court in the decision notes that it departs from previous conclusions regarding the application of legal norms in similar legal relations, set forth in the resolutions of the Grand Chamber of the Supreme Court of March 20, 2019, in case No. 619/1680/17-c, of April 3, 2019, in case No. 621/2501/18, of January 15, 2020, in case No. 698/119/18, of May 12, 2020, in case No. 357/1180/17, regarding the attribution to civil jurisdiction of disputes on granting a land plot for farming.

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