Subject of Dispute: The Prosecutor demands to cancel the city council’s decision and recover land plots transferred to an individual and subsequently incorporated into the company’s statutory capital.
Main Court Arguments:
1. Part of the claim regarding the recovery of land plots from LLC “United Energy Systems” is subject to consideration in an economic, rather than civil court, as it concerns a dispute between legal entities.
2. The court deviates from previous practice and clearly defines that cases of property recovery between legal entities must be considered in economic courts.
3. The other part of the claims (regarding cancellation of city council decisions) may be considered in civil proceedings, as it relates to the transfer of ownership rights to an individual.
Court Decision: Partially satisfy the cassation appeal of LLC, canceling the appellate court’s decision on land plot recovery and maintaining the local court’s decision to close proceedings in this part.
