1. The subject of the dispute is the claim by the Ministry of Defense of Ukraine for the recovery of a store premises from the illegal possession of an individual.
2. The appellate court granted the claim, recovering the property in favor of the state, because it found that the property had left the possession of the state against its will, and the sale and purchase agreement, on the basis of which the defendant acquired ownership, was concluded in violation of the established procedure. The court took into account the prejudicial circumstances established in previous court decisions, in particular, that the alienation of the property took place without the consent of the owner and the approval of the State Property Fund. The appellate court noted that the decision of the court of first instance, which the defendant referred to, was overturned, and therefore cannot be the basis for acquiring ownership. Also, the appellate court rejected the defendant’s arguments regarding the expiration of the statute of limitations, since such a motion was not filed with the court of first instance. The Supreme Court did not agree with this conclusion, since the court of first instance considered the case in simplified proceedings, which deprived the defendant of the opportunity to file a motion to apply the statute of limitations. Also, the Supreme Court pointed out that the courts did not take into account the provisions of the Law of Ukraine “On Amendments to the Civil Code of Ukraine Regarding Strengthening the Protection of the Rights of a Bona Fide Acquirer”, which entered into force on April 9, 2025, and has retroactive effect, and therefore it is necessary to establish whether the last acquirer – PERSON_1 is bona fide, whether compensation for the value of the recovered property is to be recovered in her favor, and its amount.
3. The Supreme Court overturned the decision of the appellate court and sent the case for a new trial to the court of appeal.
