RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 16, 2007

About duty to eliminate obstacles in use of the room

(Determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 19.07.2007 it is refused to open production on review)

Case No. 2/429

NAME OF UKRAINE

The Supreme Economic Court of Ukraine as a part of board of judges: The god V.S. - the chairman, Kostenko T. F., Korobenko G. P.

having considered materials of the writ of appeal of STP Is Old Private enterprise

on the resolution of the Kiev Economic Court of Appeal of 02.03.2007

in the matter of economic court of Kiev

in the claim of STP Is Old Private enterprise

to the State complex trade enterprise "Kreshchatik"

third parties:

1. Regional department of Fund of state-owned property of Ukraine;

2. Ministry of agrarian policy of Ukraine.

about duty to eliminate obstacles in use of the room

representatives took part in judicial session:

from the claimant: were not

from the defendant: were not

from 3rd persons:

1. Kostishena V. L. - Dov. N130 of 14.12.2006

2. Shevnikova A. M. - Dov. N31-4/77 of 24.02.2007

ESTABLISHED:

Of 28.11.2006 the economic court of Kiev is refused by the decision satisfaction of claims.

Of 02.03.2007 of the Kiev Economic Court of Appeal the decision of 28.11.2006 the economic court of Kiev is left by the resolution without changes.

Judgments are motivated with the fact that according to the p. 6 of Art. 762 of the Civil code of Ukraine the tenant is exempted from payment for all the time during which the property could not be used by it in accordance with the circumstances for which he is not responsible. For the admission and use "software of STP Is old" the leased room, the claimant shall address to the Ministry of agrarian policy of Ukraine, but to the defendant, however, the claimant takes any proper measure directed to establishment of possibility of use of the claimant by the leased room.

The defendant is not lease agreement party N 2962, and therefore is not subject of legal relationship on tenancy which is object of lease under the specified agreement.

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