1. The subject of the dispute was the recognition as illegal and the cancellation of the decision of the Kyiv City Council on granting the status of a park to a land plot that was in the permanent use of the Office of Affairs of the Apparatus of the Verkhovna Rada of Ukraine.<\/p>\n
2. The court of cassation overturned the decisions of the courts of previous instances, emphasizing that, according to Article 152 of the Land Code of Ukraine, a land user has the right to demand the elimination of any violations of his rights to land, even if they are not related to the deprivation of the right of possession. The court emphasized that state authorities and local self-government bodies must act only on the basis, within the limits of authority and in the manner prescribed by law. Since the courts of previous instances established that the disputed decision of the city council violated the rights of the plaintiff, terminating its right of permanent use of the land plot without legal grounds, the Supreme Court concluded that in order to protect the interest in legal certainty for the future, the land user has the right to appeal such a decision as long as the violation continues, and the application of the statute of limitations in this case is incorrect. The Court departed from the previous position regarding the application of the statute of limitations to appeals against illegal decisions of government bodies, indicating that such decisions can be appealed throughout the duration of the violation of the interest in legal certainty.<\/p>\n
3. The Supreme Court overturned the decisions of the previous courts and issued a new decision, which satisfied the claim of the Office of Affairs of the Apparatus of the Verkhovna Rada of Ukraine, recognizing as illegal and canceling the decision of the Kyiv City Council on granting the status of a park to the disputed land plot.<\/p>\n