1. The subject of the dispute is the recognition as unlawful and cancellation of the order of the Ministry of Justice of Ukraine on satisfying the complaint regarding the cancellation of the state registration of the right of permanent use of land plots by the plaintiff.
2. The Supreme Court overturned the decisions of previous instances, pointing out that the courts did not take into account that the dispute concerns property rights to land plots, where the parties are the plaintiff, who considers the cancellation of the registration of his right unlawful, and the Kobelyaky City Council, to the reserve lands of which the disputed plots are assigned. The court emphasized that the Ministry of Justice of Ukraine is not a proper defendant in a dispute regarding property rights to land, since the plaintiff does not have a dispute with it regarding such rights. The court departed from previous conclusions, according to which the only defendant in such disputes can be the Ministry of Justice, noting that this contradicts the conclusions about the composition of the parties in similar disputes. The court also departed from the conclusions that the requirement to appeal the order of the Ministry of Justice does not lead to full protection of the plaintiff’s rights, indicating that such a requirement may be aimed at putting the plaintiff in possession through state registration of the right on the basis of a court decision.
3. The court of cassation instance overturned the decisions of previous courts and refused to satisfy the claim, pointing out that the claim was filed against an improper defendant.
