Lviv region: court orders farmer and "Dnipro" agricultural enterprise to return almost 49 hectares to the Velikomosyt community
The Economic Court of the Lviv region ruled in favor of the prosecutor's lawsuit: the farmer and the agricultural enterprise "Dnipro" must return two plots of land — 30,079 hectares and 18,8791 hectares — to the Velkomost village community. Both plots were leased for 20 years in 2014 without a land auction. The court also canceled the state registration of the lease right; the decision can still be appealed.
The господарский суд of the Lviv region fully satisfied the prosecutor's lawsuit and ordered the farmer and the agricultural enterprise "Dnystrovske" to return two land plots with a total area of 30,079 hectares and 18,8791 hectares to the Verkhnosmotivsk city council – a total of almost 49 hectares. The plots are located in the territory of the Verkhnosmotivsk community in the Sheptytsky district. The decision was published on October 6 in the Unified State Register; it can still be challenged.
According to the case materials, in 2013, the Main Administration of the State Land Service in the Lviv region allowed a farmer to develop land management documentation, and subsequently transferred both plots to him for rent to operate a farm. The lease agreements were signed in November 2014, for a period of 20 years – without land auctions. The Prosecutor's Office established that at the time of receiving this land, the farmer was already using seven plots of state property with a total area of 129,8582 hectares, and after the disputed plots, he obtained another 17 hectares, exceeding 501 hectares. In total, without conducting a tender, he obtained 26 plots in various communities in Lviv region, with a total area of 680,3926 hectares. According to the prosecutor's office, a citizen could have obtained state land for a farm without a tender only once, and additional plots should have been transferred on a competitive basis.
The agricultural enterprise "Dnipro Farm," registered in February 2016, rejected the lawsuit. They stated that the tenant had submitted all necessary documents and followed the required legal procedure, and the right to rent was officially registered. They also claimed that the land was used exclusively for agricultural purposes. According to representatives of the enterprise, rent payments were made on time and in full, and there were no violations of the intended use of the land or the terms of the contract.
The court ordered the return of both plots to the Veľkomostov municipal council and canceled the state registration of the lease right for these lands. The farmer and the farm were fined 4 844 UAH in court fees. Previously, the same farmer and the "Dnister" farm were ordered by the court to return two plots, totaling almost 28 hectares, to the Žovkva municipal council.