I sued the court for illegal privatization, and the local court ruled ...?

Anastasiia Novikova
16.05.2023 17:13 • Question

... the decision is in my favor, that is, the existing privatization must be canceled and I have the first right to the privatization of the land.

But, since the land was used by the people of the garden society, there are still separate plaintiffs with the same lawsuit, but who chose a different lawyer, and the trial in their case is still ongoing, first there was a local court, where the defendants filed an appeal and won it, then those the plaintiffs brought the case to the Supreme Court.

So here is the question:

I have to wait until the other plaintiffs win the case, can't I, with the decision of my court case, cancel the seizure of land, illegal privatization and start privatization for myself?

1 Answers

Yaroslav Sikorsky

Answer provided 21.06.2023 11:34

If the seizure of land is imposed by the court as part of securing a claim (Articles 149-159 of the Code of Criminal Procedure of Ukraine), then it is removed only by the court on its own initiative or at the motivated request of a party to the case.

If the seizure of the land plot was imposed as part of enforcement proceedings, you can apply to the court to remove the seizure (a person who believes that the property on which the seizure was imposed belongs to him, and not to the debtor, can apply to the court with a lawsuit on recognition of the right of ownership of this property and on the removal of arrest from it)

In the event that the court makes a decision to remove the attachment from the property, the attachment is removed by the decision of the executor no later than the next day when he became aware of such circumstances.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.