The Supreme Court of Ukraine, the highest court of justice, agreed with the decision of previous courts that the Buchansky District Council and the village of Kotsiubynske illegally increased the territory of the latter by 3,000 hectares at the expense of Kyiv, the borders of which are established exclusively by the Verkhovna Rada. We are talking about the alienation of a site in the Belichansky forest, which is part of the Goloseevsky National Park and has a conservation status..
The court explained that in 2021 the village of Kotsiubynske illegally increased its area by 3,000 hectares at the expense of Kyiv, and the Kyiv Regional Council, the Buchansky District Council and the Kotsyubinsky Village Council deliberately made unlawful decisions. In turn, Kyiv quite rightly demanded to secure a claim regarding the suspension of the controversial decision.. The judges of previous instances, who supported the provision of the claim of the capital, essentially blocked the introduction of changes to the State Cadastre, that is, the implementation of illegal decisions.
“The indicated land management project, which the Kyiv City Council did not coordinate, increased the area of \u200b\u200bthe village of Kotsiubynske by almost 3,000 hectares at the expense of the territory of the city of Kyiv.. That is, contrary to the current legislation, the borders of the capital of Ukraine, the city of Kyiv, have actually been unilaterally changed.. This gives reason to believe that the controversial decision has obvious signs of wrongfulness beyond a reasonable doubt,” the Supreme Court noted..
Thus, the Supreme Court agreed that the suspension of the disputed decision is an appropriate and sufficient measure to secure a claim in this dispute - it makes it impossible to enter information (changes) into the State Land Cadastre to resolve the dispute on the merits and the entry into force of the decision in this case.
At the same time, the Supreme Court noted that the presence of obvious signs of the unlawfulness of the decision of the Buchansky District Council does not mean that such a decision is really unlawful, "
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Recall that on October 20, 2021, the Buchansky District Council illegally decided to expand the boundaries of Kotsiubinsky to 3,000 hectares at the expense of sections of the Belichansky forest, which has the status of a national park.
The Verkhovna Rada of Ukraine Committee on State Building and Local Self-Government last year - in November 2021 - recommended that the councils of the Kyiv region reconsider their decisions regarding borders.
Despite the promises of the Servant of the People party in the regional council of the Kyiv region to support this issue, the Kyiv regional council failed to vote on changing the scheme of the region and did not consider this issue again.
On December 9, the OASK stopped the decision of the Buchansky District Council, banning any organizations, institutions or bodies from making changes to the State Land Cadastre along the borders of the village of Kotsiubynske, Kyiv region. The court decision on securing the claim is valid until March 7, 2022.