On 31 October 2024, the Supreme Court issued a final judgement in the case on invalidation of the decision of the Bryukhovychi village council dated 02 July 2015 No. 628.
This means that the land lease agreement is invalidated, the land plot is required to be restored to its previous condition and the lessee is obliged to return the leased object.
The land plot with a 4.5-hectare pond in Bryukhovychi was leased by Albina Savchuk in 2015 to build a recreation area, which is classified as recreational land, of which 0.03 hectares was used for servicing a cafe. The local council has not made any decisions to change the designated purpose of the disputed land plot to residential and public development land. As a result, in addition to the cafe, a multi-storey hotel complex and huts were built around the lake, right next to the water. The ownership of the property was registered later without proper permits.
The prosecutor’s office filed a lawsuit to cancel the decision of the Bryukhovychi village council and the land lease agreement concluded on its basis, as the land plot was leased for 25 years without a land auction and without an approved passport of the water body. A fence has been erected around the lake, preventing free access to the lake, which is a violation of the Water Code. Lviv City Council supported the claim in full.
“Our next step is to resume the proceedings in the case of demolishing the unauthorised construction around the lake,” said Helena Payonkevych, director of the legal department of the Lviv City Council.
The ruling of the Supreme Court is final and cannot be appealed, and the land plot will be returned to the local community represented by the Lviv City Council.