The court issued a private ruling on the Violation of Article 43 of the Land Code: the procedure for granting the right to a land plot

The LLP filed a lawsuit with the akimat, the State Institution "Department of Architecture, Urban Planning and Land Relations" to declare the actions illegal, to cancel the resolution of the Akimat in part and to force the adoption of a favorable administrative act granting the right to a land plot.

The court satisfied the claim and indicated in the CHO that the akimat, in violation of the requirements of land legislation, decided to refuse to provide a land plot without a negative conclusion from the land commission.

According to another example, an MIO, violating the rights of an LLP due to non-compliance with the requirements of Article 43 of the Code regarding a certain procedure for granting rights to land plots, provided a land plot belonging to the plaintiff to an interested person.

The court, having established that the plaintiff's rights to the disputed plot were formalized and granted earlier to the person concerned, and the decision was made by the akimat without developing a land management project, establishing the boundaries and the actual location of the plot, concluded that the claim was satisfied. A private ruling was issued on the violations that led to the illegal granting of land to other persons and the emergence of a legal dispute.

 

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