The court rejected the prosecutor's lawsuit to return the client's land plot to municipal ownership. The Kyiv Regional Prosecutor's Office requested to invalidate the command on land privatisation from 2008 and cancel the registration of the client's ownership of a plot for gardening, located at a distance of 25.5 meters from the canal on the Desna River. The prosecutor's office noted that the land in the area closer than 100 meters from the river is located in the coastal protection zone, and therefore belongs to the water fund, is not subject to privatization and is subject to return to the Vyshgorod City Council.

The legal position of defense was to prove that the client's land plot is located on the bank of the drainage canal, and therefore, instead of the 100-meter coastal protection zone of the Desna River, the canal diversion zone regime applies to it. The size of such a strip is established by the land management project approved by state and local government bodies, and not by the Land Code of Ukraine.

In addition, the protection was built with the application of the Law “On Amendments to the Civil Code of Ukraine to Strengthen the Protection of the Rights of a Good Faith Acquirer”, which regulates that the proper method of protection in a land dispute at the claim of a government entity is a vindication claim to reclaim the plot, which may be filed no later than 10 years from the date of registration in the State Register of Real Property Rights to Real Estate of the first acquirer’s ownership right to the land transferred to him from communal property.

The court dismissed the prosecutor’s claim.