Taking into account the fact that the executive committee of the city council in 1959 provided this plot of land to the plaintiff and the decision of the session of the city council granted permission to produce a land management project concerning the lease of a land plot for a period of 10 years to complete the construction and maintenance of an individual dwelling house, the courts of the first two instances satisfied the claim. According to the courts, the construction of the building is set  in accordance with the construction norms and is agreed with the Office of Architecture of Ukraine.

Later, one of the inhabitants of a specified appartment building filed a cassation appeal on the grounds that the plaintiff's right to the land could not arise, since the land owner (the city council) did not transfer it to the plaintiff and did not give the inhabitants of the house agree to withdraw it from their use. The Supreme Court satisfied the cassation complaint, and that's why.

According to the position of the SC, the courts first of all had to draw attention to the fact that the plaintiff did not apply to the competent state authorities for the registration of the property right (that is, the dispute about the right was absent).

Moreover, according to the frequent 2 items 376 of the Civil Code of Ukraine, the right of ownership to self-construction may be recognized by a court decision for a person who built it on a site that was not assigned to it for this purpose, provided that the land is given to the person in accordance with the established procedure for immovable property already built.

If, at the same time, the owner or user of the land object denies the recognition of the title to the real property by such person, or if it violates the rights of other persons, the property should be demolished (at the expense of the person who built it).

It is necessary to understand that it is possible to deny the claims on the recognition of property rights on the basis of violations of their own rights, only in case of proving such violation (Article 391 of the Civil Code of Ukraine).

According to the court, part 3 of Art. 376 of the Civil Code of Ukraine applies not only to cases of violation of the requirements of legislation on the purpose of land use, but also to cases where there is no such violation, but the person carries out construction on a land plot which does not belong to him. In such a case, the ownership right to self-construction on a land plot that has not been designated for this purpose may be recognized by the person who built it, only if  the land plot was transferred to him by the owner or user who is not the developer. At the same time, the issue of acquiring ownership by a person who set a self-constructed building on a land plot that was not allocated for this purpose can not depend on whether the performed works correspond to the state building codes and rules and whether they violate the rights of third parties and are not contrary to the public interest (the decree of the SC dated 19.09.2018 in the case № 2-962/2009).