News date: 8 October 2025
The Commercial Cassation Court within the Supreme Court ruled in favour of Ukrainian producer Mineral Wool Products Plant LLC in a legal dispute with the Rivne Regional Prosecutor’s Office regarding the invalidation of a contract for the sale and purchase of a 2.2-hectare land plot in Zhytomyr.
In 2023, the Ukrainian producer acquired a non-agricultural land plot from the Zhytomyr City Council without holding an auction, as it owned real estate on the specified plot, i.e. warehouses and outbuildings.
Shortly after the acquisition of the plot, the prosecutor’s office filed a lawsuit to invalidate the contract for the sale and purchase of the land plot and return it to municipal ownership, claiming that the area of the acquired land plot exceeded the area of the real estate located on it.
The courts of first and appellate instances accepted the legal position of the Ukrainian producer and dismissed the prosecutor’s claim. Disagreeing with this, the prosecutor’s office appealed to the Supreme Court.
To protect the client’s interests, Ilyashev & Partners Law Firm was involved in the case at the cassation appeal stage in the Supreme Court.
Ilyashev & Partners’ team proved in court that the area of the land plot is proportional to the area of the immovable property, in particular, due to the specifics of the locality, the type of economic activity, logistical parameters, the existence of several restrictions on the use of the land plot, etc., the land management documentation was prepared and approved properly, and the process of obtaining ownership of the land plot was carried out in full compliance with the laws of Ukraine and without any violations.
The Supreme Court accepted the arguments presented by Ilyashev & Partners’ team that both the prosecutor’s cassation appeal and his claims in general were unfounded. As a result of the cassation review of the case, the lawful and well-founded decisions of the court of first and appellate instance, which completely denied the prosecutor’s claim, were upheld. The Supreme Court’s decision is final and not appealable.
The case was handled by Dmytro Hrybov, Counsel, Head of Real Estate & Construction at Ilyashev & Partners, and Dmytro Hruba, Attorney at Law.