RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of April 19, 2006 No./4029

(extraction)

Objects of cultural heritage, including the state funds, including book, film, photo and phonodocuments, archives and funds of research establishments, the museums and museum values, and also the protected natural territories are not subject to privatization.

The department of national education of khokimiyat of Samarkand appealed to economic court with the claim to defendants - to Management of SPC of RUZ on the Samarkand region and the Samarkand branch of real estate exchange about recognition invalid orders of Management of August 31, 2005 for and of August 24, 2005, and also about compulsion of Management of SPC of RUZ on the Samarkand region to perform privatization of DDU (kindergarten "H") to directly labor collective. By the judgment satisfaction of the claim it is refused.

The decision is left by the resolution of appellate instance without change.

The claimant appealed to the Supreme Economic Court with the writ of appeal where he asks the court resolutions which took place on case to cancel, make the new decision on satisfaction of the claim in full.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim reasonable partially on the following bases.

As it is seen from case papers, according to the order of Management of SPC of RUZ on the Samarkand region of August 31, 2005 and the order of August 24, 2005 the commission on privatization of the preschool institution "H" located in Samarkand with the subsequent exposure of object to sale through the exchange biddings is formed.

The claimant took a legal action with the claim for recognition of orders invalid, considering that in case of exposure of object to the biddings the collective rights about the privilege to privatization are violated.

Courts of the first and appellate instance illegally refused to the claimant satisfaction of the declared requirement about recognition of orders with invalid.

Building of kindergarten "H", at the address: Samarkand, st. of B, it is included in the list of historical and cultural monuments. By the solution of hokim of the Samarkand region of March 14, 2000 for it is registered under protection of the state.

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