The prosecutors of the Lviv Regional Prosecutor’s Office defended the right of communal ownership of the land plot of the water fund in the appeals court.
Prosecutors proved in court that the plot with the lake, which is located near Lviv, with an area of 4.5 hectares, was leased contrary to the requirements of the law.
It has been established that in 2015 the Bryukhovytsk settlement council issued an illegal decision by which the specified plot was leased.
However, the latter did not take into account the fact that the water object located on it was leased without land transactions and without an agreed pond passport.
At the conclusion of the contract, the local self-government body transferred one part of the site for the establishment of a recreation area, and the other – for the construction of a cafe.
However, such terms of the contract contradict both the requirements of the law and the decision of the village council. Since the right to build a cafe on part of the disputed plot is not provided for and it was subject to transfer only for the arrangement of a recreation area.
In addition, the tenant illegally fenced off the plot of land, thereby limiting citizens’ access to the lake.
Taking into account the violation of legislation, the prosecutor’s office stood up to protect the interests of the state and appealed to the court to invalidate the decision of the village council and the lease agreement.
The court agreed with the arguments of the prosecutor, dismissed the defendant’s appeal, and left the decision of the court of first instance unchanged.
The prosecutor’s office emphasizes that the legality of land use is a priority interest of the state, which the prosecutor’s office works to protect.
Department of Information Policy
Lviv Regional Prosecutor’s Office