The court decision satisfied the claim of the head of the Lviv Regional Prosecutor’s Office against the Lviv Regional State Administration and the business entity. In it, the prosecutor’s office demanded the annulment of the order, the land plot sale agreement and the application of the consequences of invalidity of the deed.
This was reported in the Prosecutor’s Office of the Lviv Region.
It has been established that in August 2019, the head of the Lviv State Administration issued an order to sell the land plot to an elite recreation and health complex. The specified plot with a total area of more than 15 hectares is located in one of the villages of the Lviv district.
However, there is a water body of national significance on the indicated site – a pond with an area of 9.2 hectares. And according to the current legislation, the alienation of such land is inadmissible.
At the same time, in the documentation for the sale of the plot, it “secretly disappeared” from it, and a sports ground for water sports appeared in its place.
Therefore, having discovered a violation of the law, the prosecutors appealed to the court with a corresponding lawsuit. Courts of the first and appellate instances did not see any violations and refused to grant the claim.
However, the Supreme Court annulled the said decisions and referred the case to the court of first instance for a new consideration.
According to the results of a new review, the Commercial Court of the city of Kyiv fully satisfied the prosecutor’s claims.
Thus, as a result of the almost three-year review by the courts of all instances of this case, the prosecutor’s office proved the illegality of the land plot alienation in favor of the defendant.
After the court decision enters into force, the prosecutor’s office will take measures for its actual implementation.
Department of Information Policy
Lviv Regional Prosecutor’s Office