The prosecutor filed a lawsuit in the interests of the state (the Cabinet of Ministers of Ukraine and the State Enterprise “Kyiv Forestry”) to reclaim land plots from illegal possession.
The court of first instance dismissed the prosecutor’s claim due to non-compliance with Article 23 of the Law of Ukraine “On the Prosecutor’s Office”, namely, violation of the procedure and lack of grounds for representation.
The Court of Appeal cancelled the decision of the local court, which was appealed to the Supreme Court.
The legal opinion of the Supreme Court in this case:
the prosecutor does not have the authority to conduct cases in the interests of the state-owned enterprise, and the relevant claims are not subject to consideration on the merits. Therefore, the appealed decision of the Court of Appeal in this part should be cancelled, and the decision of the court of first instance to dismiss the claim in part of the prosecutor’s claims in the interests of the State Enterprise Kyiv Forestry without consideration in accordance with paragraph 2 of part one of Article 257 of the Civil Procedure Code of Ukraine should be changed.
