Determination of jurisdiction on recognition of unlawful refusal of akim to grant the plaintiff the right of private property

No. 6001-23-12/6pod/13 dated 09/21/2023

Plaintiff: JSC "F"

Defendant: Akim of the region district

The subject of the dispute: on recognizing as illegal the refusal of the akim to grant the plaintiff the right of private ownership of four land plots in the region; on the obligation to eliminate in full the violations of rights and legally protected interests.

Revision on the proposal of the Chairman

PLOT: The plaintiff's claims are related to his disagreement with the defendant's reasoned refusal to grant ownership of immovable property, since the land plots are not state property, but were previously transferred to the plaintiff on the basis of an agreement concluded with the debtor.

Judicial acts:

1st instance: by the definition of the SMAS of the region, the case was sent to the SMAS of the city of "A".

Cassation: the case has been referred to the SMAS Regional Court.

Conclusions: SMAS "A" sent the case to "B" (at the plaintiff's place of residence), considering that the disputed acts were signed by the EDS of the akim of the district "A".

When determining the jurisdiction, it was established that there is no reliable information in the case that this decision of the akim was made in the form of an electronic document. There were black-and-white photocopies of the letters on paper with the inscription "Office of the akim of the district."

The image of QR codes on these copies is not recognizable and cannot be deciphered, therefore, it is impossible to determine whether these QR codes are electronically digitally signed and what their affiliation is.

Copies of the cover letters, although they cite the decision of the akim disputed by the plaintiff, nevertheless, they cannot be recognized as an act issued in the form of an electronic document. Consequently, the case was to be considered by "A", in connection with which it was sent to "A" at the location of the defendant.

 

 

 

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