1. The subject of the dispute is the recognition of the land lease agreement as invalid, the cancellation of the decision on state registration of the lease right, the obligation to return the land plots, and the cancellation in the State Land Cadastre of the state registration of land plots.
2. The court, granting the prosecutor’s claim, proceeded from the fact that for the transfer of communal land plots for lease without land auctions for the placement of multimodal terminals, a decision of the central executive body on the expediency of such construction is necessary, and a letter from the Ministry of Infrastructure is not such a decision, since it is not properly оформлений. In addition, the court found that the location of land plots for the intended purpose “for the placement and operation of buildings and structures of additional transport services and auxiliary operations” contradicts the Planning Scheme of the Reni district, which provides for the use of the specified territory for “vegetation – other green spaces” and the projected object of the nature reserve fund “Pridunaiski Lisy”. The court also noted that since the land lease agreement is recognized as invalid, the decision of the state notary on state registration of the lease right is also subject to cancellation, as well as the cancellation in the State Land Cadastre of the state registration of land plots. **** Importantly, the Supreme Court specified previous conclusions regarding the ineffectiveness of the requirement to cancel state registration of rights, noting that in this case such a requirement is justified.
3. The court of cassation left unchanged the decisions of the courts of previous instances on granting the prosecutor’s claim.
