of January 18, 2007 No. 36/459
About release of the parcel of land
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 15.03.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
the chairman - the judge Pershikov E. V.
judges: Savenko G. V., Hodakovskoy I. P. having checked materials of the writ of appeal of Small private enterprise "Produktservice Kupava" for the resolution of the Kiev Economic Court of Appeal from
07.02.2006 on case N36/459 of economic court of Kiev on the claim of the Kiev city council to Small private enterprise "Produktservice Kupava" about release of the parcel of land
with the participation of agents of the parties:
claimant: Kuzmenkova Yu. M. Dov. of 07.12.06 N225-KP-1418
defendant: Senin O. M. Dov. of 11.10.05
The writ of appeal of Small private enterprise "Produktservice Kupava" was accepted by determination of board of judges of 10.11.2006 in production and appointed to consideration to 21.12.2006.
With the consent of agents of the parties, according to the p. 3 of the Art. 77, the p. 2 of Art. 85 and p.1 of Art. 111-5 of the Economic Procedure Code of Ukraine in judicial session of 21.12.06 announced break for production of the complete text of the resolution on case which is announced in judicial session of 18.01.2007.
The claimant - the Kiev city council, appealed to economic court of Kiev with the claim to Small private enterprise "Produktservice Kupava" (further in the text "MPP Produktservice Kupava") about duty of the defendant to exempt self-willedally occupied parcel of land of 230 sq.m located on Prospekt Brovarsky (Darnits about a m) in the Dnieper district of Kiev and to bring it to state, suitable for use.
The claim is satisfied with the decision of economic court of Kiev of 31.10.2005 on case N36/459 and obliged the defendant in seven-day time from day of introduction of this decision in legal force to exempt the parcel of land of 230 sq.m in size located on Prospekt Brovarsky (Darnits about a m) in the Dnieper district of Kiev and to bring it to state, suitable for use.
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