1. The subject of the dispute is the recognition as illegal of the village council’s decision to transfer a land plot into private ownership, the cancellation of the state registration of ownership rights, and the reclamation of the land plot.<\/p>\n
2. The court of cassation, namely the Grand Chamber of the Supreme Court, reviewed the case regarding the prosecutor’s authority to appeal to the court in the interests of the National Academy of Agrarian Sciences of Ukraine (NAAS of Ukraine) in a dispute arising from land legal relations. The court noted that the prosecutor may represent the interests of the state in court only in cases where the protection of these interests is not carried out or is improperly carried out by a state authority within whose competence the relevant powers are vested, or in the absence of such an authority. In this case, since the dispute concerns a land plot of state ownership, the authority to dispose of it belongs to the Cabinet of Ministers of Ukraine, and not to the NAAS of Ukraine. The court also emphasized that the NAAS of Ukraine is not a subject of power of authority regarding state-owned lands that have been transferred to it for permanent use. Therefore, the prosecutor, when appealing to the court, had to involve the Cabinet of Ministers of Ukraine, which was not done. The court departed from the previous conclusion regarding the prosecutor’s authority to represent the interests of the state in the person of the National Academy of Sciences of Ukraine.<\/p>\n
3. The court overturned the decisions of the previous instances and dismissed the prosecutor’s claim without consideration.<\/p>\n