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In Kharkiv region, the prosecutor's office returned to the territorial community of Zabrodiv reservoir
In Kharkiv region, the prosecutor's office returned the Zabrodivske reservoir to the territorial community through the court. The court granted the lawsuit filed by the head of the Bohodukhiv District Prosecutor's Office of Kharkiv region against a private enterprise for restoring the situation that existed before the violation, by releasing the water fund object and the land plots under it. The interests of the state in court were represented by the representatives of the Specialized Environmental Prosecutor's Office of the Kharkiv Regional Prosecutor's Office. It was established that in the village of Moskalenky, Bohodukhiv district, a private enterprise used the Zabrodivske reservoir, with a total area of over 160 hectares, for fish farming purposes without having the necessary legal documents, without state registration of ownership or lease rights. The enterprise operated under the regime of fish farming exploitation, but without signing a lease agreement, which is mandatory under these conditions. As a result, the city council had not received rent for the use of the water body for years. The mentioned violations became the basis for the prosecutor's office to file the corresponding lawsuit in court. Currently, the Economic Court of Kharkiv region has fully satisfied the claim: the private enterprise is obliged to vacate the reservoir and return it to the community's jurisdiction. The period for filing an appeal is ongoing. This case reflects a common practice where enterprises often seek to exploit gaps in legislation, using water bodies for aquaculture solely based on the regime of fish farming exploitation, avoiding the payment of rent. At the same time, the Supreme Court has repeatedly stated that a properly executed lease agreement is a mandatory condition for lawful use of a water body for fish farming purposes. Use without such an agreement is a direct violation of water and land legislation and is subject to termination.