The Poltava Court of Appeal satisfied the claim of the Nemyshlyan District Prosecutor’s Office of Kharkiv in the interests of the state, represented by the Kharkiv City Council, against a limited liability company and an individual for the recovery of unreasonably saved funds for the use of a plot of land.
It was established that on the street Tankopia in Kharkiv is a non-residential building with a total area of 1000 square meters. m, the ownership of which is registered by a limited liability company and an individual on the basis of sales contracts. However, contrary to the requirements of the law, the land under this real estate object has not been registered.
Thus, the specified plot of land is used without registration of any rights, rent for its use is not paid. In this connection, the Kharkiv urban territorial community suffers losses. This became the basis for sending the appropriate lawsuit by the district prosecutor’s office to the court.
The decision of the court of first instance rejected the prosecutor’s claims.
Disagreeing with this decision, the prosecutors appealed it.
According to the principled and consistent position of the prosecutor’s office, the Poltava Court of Appeal overturned the decision of the court of first instance, and the claim was satisfied in full. Collected unreasonably saved funds will replenish the local budget.