Attorney of the Attorney partnership “Shkrebets & Partners” has successfully completed the maintenance of the economic affairs,
within the framework of which the court was on the side of the founder of the peasant (farmer’s) farm on the question of the ownership of the land plot for farming.
On March 18, 2019, the Supreme Court in the Chamber for the consideration of cases concerning land relations and property rights of the Court of Cassation put a point in the case No. 922/3312/17 on an important issue for enforcement, namely: the rights of peasant (farmer) farms to land, which were issued to the founders of such farms.
Consideration of case No. 922/3312/17 was very lengthy and tense: only in the Supreme Court the case was considered since February 2018, and within the framework of its consideration, the findings of the Scientific Advisory Board at the Supreme Court were sought and received.
From the contents of the Unified State Register of Court decisions it is obvious that a very large number of courts of the first, appellate and cassation instation stopped their proceedings until the end of the review in cassation by the court chamber for consideration of cases concerning land relations and ownership of the Court of Cassation Economic Court in the Supreme Court of the court decision in such legal relations in the case No. 922/3312/17.
Such a huge impact this case was due to the fact that if the decision of the appealed court was upheld, it would have been not only a gross violation of the legislative axiom of the ownership of property rights to an entity that has a legal document and whose rights are registered, but the possible legalization of the scheme the acquisition of rights to land outside the competition and the withdrawal of land by farmers (as legal persons) from citizens who created these farms, which is unacceptable.