of April 19, 2006 No./4029
Objects of cultural heritage, including the state funds, including book, film, photo and phonodocuments, archives and funds of research establishments, the museums and museum values, and also the protected natural territories are not subject to privatization.
The department of national education of khokimiyat of Samarkand appealed to economic court with the claim to defendants - to Management of SPC of RUZ on the Samarkand region and the Samarkand branch of real estate exchange about recognition invalid orders of Management of August 31, 2005 for and of August 24, 2005, and also about compulsion of Management of SPC of RUZ on the Samarkand region to perform privatization of DDU (kindergarten "H") to directly labor collective. By the judgment satisfaction of the claim it is refused.
The decision is left by the resolution of appellate instance without change.
The claimant appealed to the Supreme Economic Court with the writ of appeal where he asks the court resolutions which took place on case to cancel, make the new decision on satisfaction of the claim in full.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim reasonable partially on the following bases.
As it is seen from case papers, according to the order of Management of SPC of RUZ on the Samarkand region of August 31, 2005 and the order of August 24, 2005 the commission on privatization of the preschool institution "H" located in Samarkand with the subsequent exposure of object to sale through the exchange biddings is formed.
The claimant took a legal action with the claim for recognition of orders invalid, considering that in case of exposure of object to the biddings the collective rights about the privilege to privatization are violated.
Courts of the first and appellate instance illegally refused to the claimant satisfaction of the declared requirement about recognition of orders with invalid.
Building of kindergarten "H", at the address: Samarkand, st. of B, it is included in the list of historical and cultural monuments. By the solution of hokim of the Samarkand region of March 14, 2000 for it is registered under protection of the state.
According to Item 2 of article 4 of the Law of the Republic of Uzbekistan "About privatization and privatization" cultural and historical values are not subject to privatization.
Therefore, orders of Management of SPC of RUZ on the Samarkand region as accepted in defiance of the current legislation, are invalid.
Based on stated, the requirement of the claimant about compulsion of Management of SPC of RUZ for the Samarkand region to perform privatization of kindergarten "H" to directly labor collective, is illegal and is subject to refusal.
The judicial board considers that the writ of appeal of Department of national education of khokimiyat of Samarkand should be satisfied partially. The decision and the resolution of appellate instance to cancel partially in connection with discrepancy of the conclusions stated in them, to the facts of the case and also the wrong application of regulations of the substantive right. Invalid orders of Management of SPC of RUZ on the Samarkand region of August 31, 2005 and of August 24, 2005 to satisfy claim about recognition, having left the decision and the resolution of appellate instance in other part without change.
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