The Supreme Court published an overview of the legal conclusions of the judicial chamber for consideration of cases concerning land relations and property rights of the Commercial Court of Cassation as part of the SC.
The review collects the most important legal conclusions for the period from 2018 to August 2022.
The study contains the following conclusions:
- the decision of the local self-government body on the city budget for a certain year as a basis for making changes to the land lease agreement;
- simultaneous application of rent indexation and indexation of the normative monetary value of land;
- transfer of the right to lease the land plot to the new owner of the buildings located on it, provided there is no registered lease right;
- collection of rent for a land plot in the amount determined on the basis of legal acts recognized by the court as illegal;
- arbitrary occupation of land plot v. use of a land plot in the absence of properly executed documents for it;
- the requirement to recognize the right as absent as a proper and effective way of protecting the right to land plots;
- peculiarities of termination of the right to permanent use of a land plot due to the reorganization of a legal entity;
- transfer of the right to permanent use of the land plot to the legal successor;
- claim of land plots that were divided and/or combined;
- the emergence of the right of communal ownership of a land plot within the settlement in the absence of state registration of the property right to such a land plot by the relevant authority.