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.
The decision of economic court of Kiev of 31.10.2005 on case N36/459 is left by the resolution of the Kiev Economic Court of Appeal of 07.02.2006 without changes.
"MPP Produktservice Kupava", without agreeing with decisions of economic courts of the previous instances, appealed to the Supreme Economic Court of Ukraine with the writ of appeal in which it asks to cancel the made decisions of economic courts and to make the new decision to which to refuse the claim completely, as as the complainant considers, judgments are made with violation of regulations of substantive and procedural law.
"MPP Produktservice Kupava" was specified 21.12.2006 cassation requirements, namely, the complainant asks to send case for new trial.
The Kiev city council did not use the right granted to Art. 111-2 of HPK of Ukraine and did not give response on the writ of appeal of Small private enterprise "Produktservice Kupava".
Board of judges of the Supreme Economic Court of Ukraine, having checked case papers, having analysed correctness of application by economic courts of regulations of substantive and procedural law, having discussed arguments of the writ of appeal, came to conclusion about availability of reasons for its partial satisfaction taking into account the following.
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