of April 10, 2007
About recognition invalid lease contracts, eviction, collection illegally the received means
(Determination of Trial chamber on economic to cases of the Supreme Court of Ukraine of 07.06.2007 it is refused to open production on review)
Case No. 1/631-14/199
NAME OF UKRAINE
The Supreme Economic Court of Ukraine as a part of board of judges: V. Ovechkin - the chairman, E.Chernov, V. Tsvigun
considered the writ of appeal of Regional department of Fund of state-owned property of Ukraine for the Lviv region
on the resolution of the Lviv Economic Court of Appeal of May 03, 2006
on case N1/631-14/199 of economic court of the Lviv region
in the claim of Regional department of Fund of state-owned property of Ukraine for the Lviv region
to the State company of the Ministry of Defence of Ukraine "Administration of commerce of the Western operational command" of Piramida 71 LLC
about recognition invalid lease contracts, eviction, collection illegally the received means
ESTABLISHED:
Decision of economic court of the Lviv region of 03.02.2006 (judge: S. Kitayeva) the invalidation action of the lease agreement, eviction and collection illegally of the received means is satisfied partially.
The judgment is motivated by those circumstances that in defiance of requirements of the legislation, in particular, the agreement is signed by Art. 287 of the Economic code of Ukraine concerning property which is state property the state company as the lessor; as the property is used without good legal basis, requirements about its release are proved; the legislation does not give to the claimant authority to address for the benefit of the state with the requirement about collection in the Government budget of Ukraine illegally of the received means therefore taking into account the Art. 2 GPK of Ukraine in this part proceeedings are subject to the termination.
Resolution of the Lviv Economic Court of Appeal of 03.05.2006 (judges: G. Gorodechnaya, M. Yurkevich, V. Kuz) the decision of economic court regarding cessation of production is cancelled, in the claim is refused this part, for the rest the decision is left without changes.
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