The Western Economic Court of Appeal has revoked the usage rights of entrepreneur Rustam Mirzoev for a reservoir covering nearly 42 hectares near Lviv. He had been using it for aquaculture without the necessary permits.
This pertains to the Nedilchynske Reservoir, which spans 41.4 hectares and is located near Zashkiv within the Lviv community. It was constructed in 1985 for the needs of the Nedilchyn drainage system to supply water in case of fire on peatlands. The reservoir is managed by the Basin Water Resources Management of the Western Bug and San Rivers.
However, the prosecutor's office discovered that entrepreneur Rustam Mirzoev had been using the reservoir for aquaculture for several years without the appropriate documentation and had not paid for land rental. Conversely, officials from the State Agency of Melioration and Fishery in the Lviv region stated that in 2009, the entrepreneur did receive a permit to use the reservoir for 49 years for aquaculture activities. Nonetheless, according to the prosecutor's information, he had been utilizing the reservoir without permission at least from 2017 to 2023. Additionally, he had not entered into a lease agreement with the Lviv City Council for the land plot.
On June 6, the Economic Court ruled that although the land under the reservoir is state-owned, it is located within the community's jurisdiction, and therefore, the Lviv community should manage it. Thus, the court denied the claim; however, the prosecutor's office appealed the decision.
On October 30, Judge Iryna Maleh of the Western Economic Court of Appeal upheld the prosecutor's claim and ordered Rustam Mirzoev to return the land with the reservoir to the Lviv Regional State Administration. This ruling can be appealed in cassation.
According to the analytical system YouControl, Rustam Mirzoev has been registered as an entrepreneur since 2001 in Lviv. His primary area of activity is freight road transport.