1. The subject of the dispute was the obligation of the Reni City Council to conclude a protection agreement with the Department of Culture for the archaeological site of national significance – the “Orlivka” Settlement.
2. The court of cassation overturned the decisions of the previous courts, emphasizing that archaeological sites are exclusively state property, and the obligation to conclude a protection agreement rests with the authorized state body, and not with the local self-government body, unless such powers are delegated to it by the state. The court emphasized that the provisions of Article 17 of the Law of Ukraine “On the Protection of Cultural Heritage” are special regarding the legal regime of archaeological sites, and they take precedence over the general norms of the Land Code of Ukraine regarding the transfer of unformed land plots to communal ownership. The court also took into account the legal position of the Grand Chamber of the Supreme Court regarding the inseparable connection between archaeological sites and the land plots on which they are located, and that the legal regime of the land plot cannot differ from the legal regime of the site itself. The court noted that imposing the obligation to conclude a protection agreement on a local self-government body without the right of ownership of the site or delegated powers from the state contradicts the law and may lead to ineffective protection of the cultural heritage object. The court actually departed from the previous position that communal property lands automatically become communal property if cultural heritage objects are located on them.
3. The court of cassation overturned the decisions of the previous courts and dismissed the claim to oblige the Reni City Council to conclude a protection agreement.
