Subject of Dispute: Claiming Non-Residential Premises That Were Illegally Privatized and Alienated in Favor of the Territorial Community.
Main Arguments of the Court:
1. It has been established that the Kharkiv City Council illegally chose a method of privatization of non-residential premises through purchase by the tenant without making any integral improvements.
2. The change of premises status from non-residential to residential occurred formally, without actual reconstruction, which may indicate an artificial creation of obstacles for property recovery.
3. Property acquirers, exercising reasonable caution, should have noticed the inconsistency of the premises’ technical characteristics with residential fund requirements.
Court Decision: The Supreme Court canceled the appellate court’s resolution and referred the case for a new hearing to thoroughly investigate the circumstances of possible property recovery in favor of the territorial community.
