1. The subject of the dispute is the reclamation of a land plot from someone else’s illegal possession, the recognition of transactions as invalid, and the cancellation of state registration of rights, initiated by a private enforcement officer in the interests of the debtor in enforcement proceedings.<\/p>\n
2. The Supreme Court dismissed the cassation appeal, emphasizing that although a private enforcement officer has the right to appeal to the court to challenge transactions made by the debtor to the detriment of the creditor, this right is exercised exclusively in the interests of the creditor, not the debtor. The court noted that the enforcement officer acts in the interests of enforcing the court decision, which is in the interests of both society and the creditor, but does not have the right to represent the interests of the debtor in such disputes. The Supreme Court emphasized that the person whose rights are violated, i.e., the creditor, must apply for protection of their rights, but if they do not, the enforcement officer may file a claim in their interests. The court also noted that the conclusions of the courts of previous instances did not take into account the practice of the Supreme Court on this issue. The Court departed from the conclusions made in the resolution of the Grand Chamber of the Supreme Court of June 8, 2022, in case No. 2-591\/11.<\/p>\n
3. The court ruled to dismiss the private enforcement officer’s cassation appeal, and to leave the appellate court’s decision unchanged, while amending the reasoning part of the appellate court’s decision.<\/p>\n