of December 6, 2005 No. 2-1/6997.1-2005
About removal of obstacles in use of property and about recognition invalid lease contracts of non-residential premises
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 13.04.2006 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
the chairman - Ovechkin V. E.
judges: Chernova E. V., Tsvigun V. L.
with the assistance of representatives:
the claimant - Makarov G. O.
the defendant - was not,
the third parties - Kosenko M. A.
prosecutor's offices - was not,
having considered in proceeding in open court the writ of appeal of Roth Sport on the resolution of 18.08.2005 of the Sevastopol Economic Court of Appeal on case N2-1/6997.1-2005 on the claim of Roth Sport to GP "Sanatorium "Gurzuf" about removal of obstacles in use of property and the counter action GP "Sanatorium "Gurzuf" to
1. To the Ministry of Defence of Ukraine,
2. to Roth Sport (the third parties - the Secretariat of the President of Ukraine, Public administration by cases of the President of Ukraine, Fund of property of the Autonomous Republic of Crimea) with the assistance of the prosecutor of the Autonomous Republic of Crimea about recognition invalid lease contracts of non-residential premises of 19.04.99
ESTABLISHED:
By the decision of economic court of the Autonomous Republic of Crimea of 23.06.2005 primary claim it is refused in connection with groundlessness of claims, and the counter action is satisfied with reference to the conclusion of the disputed lease agreement with violation of requirements of Art. 5 of the Law of Ukraine "About lease of the state-owned and utility property" and without the permission of state body of privatization. Of 18.08.2005 the decision is left by the resolution of the Sevastopol Economic Court of Appeal without change for the same reasons.
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