Subject of Dispute: Invalidation of Peresichany Village Council Decisions on Transfer of Land Plots to Private Ownership and Cancellation of State Ownership Certificates.
Main Court Arguments:
1. Land plots transferred to private ownership were previously in state ownership and were assigned to the state enterprise “Berezivski Mineral Waters Sanatorium”.
2. Village council decisions on termination of permanent land use rights were previously declared invalid by the economic court.
3. Land plot transfer occurred without state consent and in violation of the established state property alienation procedure.
Court Decision: Revoke court decisions of previous instances and refer the case for new consideration due to improper involvement of all interested parties in the court proceedings.
Note: The court deviated from previous practice, indicating the necessity of involving all persons whose rights may be affected by the court decision.
