Olexiy Kharytonov, ILF partner, represented a housing cooperative in a dispute with the regional prosecutor's office regarding the revocation of Kharkiv City Council’s decision on land ownership transfer and invalidation of the state act on the land owned by ILF’s client.
The prosecutor's office insisted that the land plot is a repository of water resources since there allegedly is a stream, and by law such lands can not be privately owned.
The prosecutor claimed that the purpose of the land was altered illegally when it was turned over to the cooperative, referring to the change of the plot’s category from water resources to public building territory.
After getting evidence from Kharkiv City Council, Kharkiv office of the State Service of Ukraine for Geodesy, Cartography and Cadastre, and the State Environmental Protection Agency in Kharkiv Region, ILF lawyers refuted the prosecutor's arguments and proved that the purpose of the land was not changed and at the time of the ownership transfer there was no stream there.
Based on the evidence collected, the courts of the first and appellate instances confirmed the groundlessness of the claims against the ownership transfer. As a result, ILF’s client retained the land, which will be used for an apartment house.