of February 27, 2006 No./3133
(extraction)
The harm done to the subject of entrepreneurship as a result of illegal decisions of state bodies or illegal actions of their officials is subject to compensation in full based on the judgment by directly these state bodies, first of all, at the expense of means of their off-budget funds.
State of emergency Z. and S LLC appealed to economic court with the claim to defendants: BEND Yakkasaraysky district, to Department of legal executives of Yakkasaraysky district, prosecutor's office of Yakkasaraysky district, the Ministry of Finance of RUZ about return of the withdrawn property or payment of its cost in the amount of 59914337 bags and losses of century the size of 10000000 bags.
By the judgment requirements of the claimant it is refused completely.
In appellate instance case was not considered.
Without having agreed with the decision, state of emergency Ziyakhanov M. took a legal action with the writ of appeal where asks the decision to cancel, make the new decision on complete satisfaction of the claim.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim proved and subject to satisfaction.
As it is seen from case papers, on September 20, 2002 the employees BEND Yakkasaraysky district of Tashkent check of activities of state of emergency Z was made., performing the activities in leased warehouse. All goods (fabric) found in warehouse in state of emergency Z. it was withdrawn, and in subsequent part of fabric is realized in the income of the state. As in subsequent it was established, owner of goods was S LLC, the last transferred state of emergency Z. fabric based on the agreement of consignment of February 21, 2002.
Claimants, considering that illegally the condemned property is subject to unconditional return, and in case of its absence, it is necessary to compensate its cost from the proper defendant, having at the same time paid damages on the amount of 10000000 bags, took a legal action with the claim.
Trial Court, having incorrectly applied regulations of the substantive right, unreasonably refused requirements of claimants.
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