1. The subject of the dispute is the complaint of NOR-EST AGRO LLC against the inaction of the state enforcement officer regarding the enforcement of court orders for the recovery of funds from the STOYANOVA I.S. Farm Enterprise.
2. The Supreme Court overturned the decision of the court of first instance, pointing out that the court of first instance did not take into account the changes in legislation that expanded the rights of the lessee of agricultural land, allowing him to alienate the lease right without the consent of the owner, and therefore, the state enforcement officer had the right to seize the lease right of the debtor’s land plots. The court also noted that the actions of the state enforcement officer must comply with the principles of efficiency, timeliness and completeness, which were not observed in this case, since the enforcement officer did not take all possible measures to enforce the court orders. The Court departed from the conclusions of the Grand Chamber of the Supreme Court in case No. 904/968/18, since at the time of the case consideration, the legal regulation had changed and the property right of lease became an independent object that can be transferred by the lessee independently.
3. The court of appeal partially satisfied the complaint of NOR-EST AGRO LLC, recognizing the inaction of the state enforcement officer as illegal and obliging him to take enforcement measures regarding the debtor’s property rights, in particular the right to lease land plots.
