1. The subject of the dispute is the claim of the Odesa City Council to cancel the decisions of state registrars regarding the registration of the state’s ownership right and the right of economic management of the SE “AMPU” to the real estate object “production buildings and structures”, which, according to the plaintiff, illegally includes the object of communal ownership – “Customs Square”.
2. The court refused to satisfy the claim, based on the fact that the disputed objects are integral parts of a complex thing that ensures the functioning of the object “production buildings and structures”, and information about them is entered into the State Register of Real Property Rights in accordance with the requirements of the law. The court also noted that the land plot under the real estate objects of state ownership is also state-owned. The appellate court additionally indicated that a vindication claim would be a proper method of protection in this case, and the cancellation of state registration is not an effective method of protection, since registration only certifies an already acquired right, and is not the basis for its occurrence. The court also noted that the plaintiff does not dispute the grounds for the state’s acquisition of ownership of the disputed property.
3. The court ruled to leave the cassation appeal of the Odesa City Council without satisfaction, and the decisions of the courts of previous instances – without changes.
