LENOBLIMUSHCHESTVO brought an action against LOGUP Krasny Pakhar, represented by Rightmark Group, for termination of a right to permanent (perpetual) use of a land plot with an area of over 20,000 ha in Boksitogorsky district of Leningrad Oblast. According to the Plaintiff, the Defendant was to have been deprived of this right, as the land plot was not used for more than three years, starting from 2007. In proceedings before the first instance arbitration court the lawyers proved the fact of partial use of the land plot as intended, which was also recorded in a certificate of audit of compliance with the land legislation.
However, the main reason for claim dismissal was a major violation by public law enforcement bodies of the procedure for forced deprivation of the defendant right to permanent (perpetual) use. In the case under consideration, a notice was issued prior to accumulation of facts, and a penalty was charged only a year after, in fact, as a sanction for another offence. Under such circumstances, the court had no reason to satisfy the asserted claims. The arbitration court of appeal upheld findings of the first instance court. The plaintiff filed a cassation appeal from the trial court and a court of appeal ruling, but the court of cassation upheld the ruling.