1. The subject of the dispute is the appeal against the order of the Ministry of Justice of Ukraine (Minjust) on the cancellation of the state registrar’s decision on the state registration of lease and sublease rights to land plots.
2. The court noted that the dispute arose between LLC “Herman-Agro” and LLC “Ekoniva”, which consider the cancellation of the registration of their lease and sublease rights unfounded, and LLC “Agro-Lan”, which initiated this cancellation, claiming that the sublease right belongs to it. The court emphasized that the Ministry of Justice is not a proper defendant in disputes regarding property rights, since there is no dispute about civil law between the plaintiffs and the Ministry of Justice. The proper defendant is the person whose right is disputed, in this case – LLC “Agro-Lan”. The court also indicated that the claim to cancel the order of the Ministry of Justice can be interpreted as a claim to enter into possession of a property right, which corresponds to the appropriate method of protection. The court departed from previous conclusions that in similar disputes, the only defendant may be the Ministry of Justice, as well as from the conclusion that the claim to appeal the order of the Ministry of Justice is not an appropriate method of protection.
3. The court dismissed the cassation appeals, and the appellate court’s decision to dismiss the claim remained unchanged.
