1. The subject of the dispute is the cancellation of the state registration of the right to lease land plots and their return, initiated by the prosecutor’s office in the interests of the state.
2. The court of cassation instance overturned the decision of the court of appeal, supporting the position of the court of first instance on the nullity of the lease agreements, since the individual received land plots for farming again, after the registration of the farm, which contradicts the requirements of land legislation, which allows free receipt of land for these purposes only once; the court emphasized that such agreements violate public order, as they are aimed at illegal seizure of land, and are void under the Civil Code of Ukraine; the court also noted that the claim for the return of land plots is a proper way to protect the right, as it is aimed at removing obstacles to the owner’s use of the property, but rejected the claim for cancellation of the state registration of the lease right, considering it an improper way of protection, since registration only certifies the ownership of property to a certain person, and its cancellation does not restore the violated right. The court departed from the conclusions of the Supreme Court, stated in the ruling of March 12, 2024 in case No. 922/3953/21 and the ruling of April 09, 2024 in case No. 629/6198/21.
3. The Supreme Court overturned the decision of the appellate court in the part of the refusal to return land plots, upholding the decision of the court of first instance, and changed the reasoning part of the decision of the appellate court in the part of the cancellation of the state registration of the lease right.
