Prosecutors confirm hromada’s right to 70-hectare reservoir in appeal
Following the principled position of the Lviv Regional Prosecutor’s Office, the Western Commercial Court of Appeal upheld the decision of the first instance court. The court upheld a claim against a business entity to remove obstacles to the exercise of the right to use and dispose of a water fund land plot by returning it.
The land plot in question is located on the territory of the Novoyavoriv territorial community. The latter has a reservoir with a total area of more than 70 hectares.
It was established that the company had been using the reservoir for a long time without title documents. Without entering into a lease agreement and without paying the rent, the defendant illegally carried out fishing activities there.
The use of a water body with the water fund lands occupied by it contrary to the procedure established by law is contrary to the interests of the state in the field of efficient and rational use of natural resources.
Taking into account all the circumstances, the court upheld the position of the prosecutor’s office and dismissed the defendant’s appeal.
Information Policy Department of the Lviv Regional Prosecutor‘s Office