RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 16, 2007 No. 2-20/11677-2006

About recognition invalid lease contracts of the parcel of land

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 29.03.2007 it is refused to open production on review)

The Supreme Economic Court of Ukraine as a part of board of judges:

chairman: Ovechkina V. E.,

judges: Chernova E. V., Tsvigun V. L.,

with the assistance of representatives: the claimant - Harmanskaya D. O., Senyuta I. V.,

defendants - Polenova O. V., Hvatov V. S., having considered in proceeding in open court the writ of appeal of JSC Tavriya-Avto on the resolution of 26.09.2006 of the Sevastopol Economic Court of Appeal on case N2-20/11677-2006 on the claim of JSC Tavriya-Avto to

1. To Masandrovsky settlement council;

2. Yuzhgidrospetsstroy LLC

about recognition invalid lease contracts of the parcel of land, duty to exempt the parcel of land and recognition of the claimant by the land user concerning the parcel of land by Ploshchad 0,375 of hectare

ESTABLISHED:

Of 21.08.2006 the claim is satisfied with the decision of economic court of the Autonomous Republic of Crimea partially - based on the Art. of the Art. 203, of 215, of 216 Civil Code of Ukraine the lease agreement of the parcel of land located on Yuzhnoberezhnoye Shosse, 1a in пгт is nullified. Masandra, regarding the parcel of land Ploshchad 0,375 of hectare, as such which is concluded with violation of requirements of the p. 6 of the Art. 123, Art. 124 of the Land code of Ukraine concerning approval of the project of assignment of the parcel of land to the second defendant with competent state bodies. Obliged Yuzhgidrospetsstroy LLC to exempt according to the procedure of application of restitution the occupied parcel of land by Ploshchad 0,375 of hectare, and for the rest claims it is refused in connection with groundlessness of claims.

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