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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of April 18, 2008 No. 01-1/3-06

Board of Economic Court of the Commonwealth of Independent States as a part of judges:

the chairman of board - Kerimbayeva A. Sh.,

members of board - Abdulloyeva F., Zholdybayev S. Zh., Miroshnik V. I., Molchanovy T.N.,

in case of the court clerk Medvedeva T. E.,

with participation:

General adviser of Economic Court of the CIS Verkhovodko I. I.,

specialist Kostyukevich V. F.,

expert of public institution "Research institution of criminalistics and judicial examination of the Ministry of Justice of the Republic of Belarus" Zhmaylik V. M.,

the claimant's representatives - Mukhametkaliyeva M. N., the head of legal support of activities of the state legal entities and post-privatization control of Legal management of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan, Irgaliyev R. I., chief expert of Department of international law and protection of property rights of the state of the Ministry of Justice of the Republic of Kazakhstan, Betsav.M., director of sanatorium "Uzen", Dzhumagaziyeva Sh. K., legal adviser of Mangistaumunaygaz joint-stock company,

the defendant's representative - Grigoryants K. A., specialist expert of department of protection of valuable interests of the state of Management of methodical and legal support of Federal agency on management of federal property of the Russian Federation,

having considered in proceeding in open court case on the statement of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan acting on behalf of the Government of the Republic of Kazakhstan to the Government of the Russian Federation with the requirement to oblige the Government of the Russian Federation to recognize the property right of the Republic of Kazakhstan to property complex of sanatorium "Uzen", at the address: The Russian Federation, Stavropol Krai, Zheleznovodsk, the settlement of Inozemtsevo, R. Luxemburg's farm, based on article 4 of the Agreement on mutual recognition of the rights and regulation of the relations of property of October 9, 1992, ESTABLISHED:

The committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan acting on behalf of the Government of the Republic of Kazakhstan appealed to Economic Court of the CIS with the statement of April 4, 2006 for factual determination of ownership and use of the Republic of Kazakhstan of sanatorium "Uzen", having attached by the time of ownership and use time during which the Kazakh SSR performed rights to use and ownerships concerning sanatorium "Uzen", at the address: The Russian Federation, Stavropol Krai, Zheleznovodsk, the settlement of Inozemtsevo, R. Luxemburg's farm, based on article 265 of the Civil Procedure Code of the Russian Federation, and also about recognition of the property right to sanatorium "Uzen" according to Article 234 of the Civil code of the Russian Federation. In pursuance of determination of board of Economic Court of the CIS of June 28, 2006 the claimant the statement of September 11, 2006 specified claims and asked to oblige the Government of the Russian Federation to recognize the property right of the Republic of Kazakhstan to property complex of sanatorium "Uzen" according to article 4 of the Agreement on mutual recognition of the rights and regulation of the relations of property of October 9, 1992 (daleesoglasheniye of October 9, 1992) in connection with refusal of the Russian Federation to recognize behind it such right.

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