The Supreme Court of the Russian Federation set aside the decisions of the lower instances in yet another case brought by the prosecutor's office for the recovery of real estate, this time a land plot in Crimea.
• The prosecutor's office filed a claim, asserting that the Leninsky district administration of Crimea had exceeded its powers when it transferred plots in 2010. The first three instances upheld the prosecutor's office.
The Supreme Court set those decisions aside, and held:
1. the limitation period is to be counted from 2014, when Crimea became part of Russia;
2. where the breach relied on is a breach of Ukrainian legislation rather than of Russian legislation, the guiding rule is that a decision of a state body granting real estate remains in force if it has not been revoked and has not been held invalid.
This is an important direction, especially in the light of the recent accession of the new regions to Russia. It should cool any future excess of enthusiasm on the part of the lower courts for taking real estate from citizens and legal entities.
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