The court legalized the estates of ex-regional Yura Yenakiievskii. The case of OJSC Yukos Oil Company against the Russia helped

Популярне

Quarantine to extended until mid-May in Ukraine, libraries and museums will open

On Tuesday, April 21, the Cabinet of Ministers of Ukraine held a regular briefing on the situation with counteracting...

Kyiv City Council is promptly considering a comprehensive plan for construction on the lake

A new comprehensive territory plan of Bilychi micro-district was introduced in the Department of urban planning and architecture of...

New Ukraine’s government clarifications: in elevator -with mask, fine up to 34K hryvna without mask

The Cabinet of Ministers of Ukraine has provided clarifications to carry ID cards, where is it necessary to wear...

UA-Times learned about this from the Unified State Register of Court Decisions. According to the register, on December 3, 2020, the Kyiv Court of Appeals ruled that the claims of the Office of the Prosecutor General Office of Ukraine to return the lands illegally acquired by companies related with the ex-regional were dismissed and the concerned fields remained at the property the defendants in the case.

For friends – everything, for others – the Law

The right of ownership of land plots within the object of nature reserve fund – landscape reserve of local significance “Zhukiv Island” (the Reserve) . Then the Kyiv City Council under the leadership of the disgraced Leonid Chernovetskyi by Decision № 355/3189 “On the transfer of land to the service cooperative housing cooperative KOTMIST for housing construction on the 21st km of Stolychna highway in Holosiivskyi district of Kyiv’ almost 80 ha of the Reserve was passed to rogue entrepreneur.

Zhukiv Island is an object of the nature reserve fund of Ukraine. Any construction is strictly prohibited here

According to the text of the Resolution, the court simultaneously takes into account and agrees with the Prosecutor’s Office’s references to the inconsistency of decisions and provisions of environmental legislation adopted by the Kyiv City Council, lack of legal grounds for acquiring land ownership that is part of the Reserve and cannot be privately owned.

In particular, in accordance with the Decision of the Supreme Commercial Court of Ukraine of July 11, 2017, the Decision of the Kyiv City Council of October 1, 2007 №355 / 3189 “On the transfer of land plots SCHC “Kotmist” was declared invalid. The decision came into force, so the legal grounds for the land plots by cadastral numbers: 8000000000:90:371:0172; 8000000000:90:371:0173; 8000000000:90:371:0174; 8000000000:90:371:0175; 8000000000:90:371:0165, which are in the territory of the Reserve in someone else’s illegal possession – are absent.

The law as a ” a steering wheel”…

However, having agreed with all the above circumstances, the Kyiv Court of Appeal still insists that: “… The statute of limitations provides legal certainty and finality, preventing violation of the rights of defendants, which may occur if the court decides on the basis of evidence, which became incomplete the time flowed out ”. What exactly is the evidence and why with the expiration of 5 years of illegal possession of land Ivaniushchenko’s retinue became incomplete, and how this is possible in a dispute where the illegality of one of the parties is directly established by a court decision, the court itself does not specify.

As times change, Yura Yenakiyevskii’s estate can now be considered legal. Source: Avtomaidan

What’s interesting is that this definition was not created by the judges of the Kyiv Court of Appeal themselves. It is based on the decision of the European Court of Human Rights in the case of OJSC Yukos Oil Company against  Russia.

Double standards

This is not the first time that a statute of limitations has appeared in this case. However, it is used two times exclusively for the same reason in the interests of companies associated with ex-regional Yura Ivaniushchenko, who until recentlly was on an international wanted list.

As times change, Yura Yenakiyevskii’s estate can now be considered legal. Source: Avtomaidan

Thus, on August 9, 2016, the decision of the Supreme Economic Court of Ukraine partially satisfied the cassation appeal of the SCHS KOTMIST, which is related to Ivaniushchenko. Having  the conclusions of two previous instances on the illegality of the transfer of protected lands, the Supreme Economic Court of Ukraine, after hearing the arguments of SHCH KOTMIST, considered that: “the courts of [previous instances] did not investigate clarification of the circumstances of the case. The English of this is the court was interested in the question: during what time could the decision of the Kyiv City Council on illegal transfer of lands be appealed and has this term expired up to date?

Yuriy Ivaniushchenko was suspected of organizing the “titushky'” movement against Euromaidan participants

Here lies the rub – the court sends for reconsideration  the case in which it is interested  whether the term for appeal has expired up to date, being clearly aware that such a procedure will further prolong the case and as a result – all possible and impossible deadlines for appeal will be already played out!

The only thing that hindered the implementation of Ivaniushchenko’s plans at this stage was the Kyiv City Council, which could independently claim protected lands from someone else’s illegal possession. However, as already mentioned, the lobbyist of this project from the very beginning was personally Denis Komarnytsky, who is considered an unofficial “warden” for the capital’s land market. What will the Supreme Court say?

Read also: “NBU has obtained through the court to charge the Imexbank owner Klimov with $11 000″

Translated by Ilona Veretelnyk


загрузка...

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisement -

Український бренд одягу

- Advertisement -

Обмен Валют

Найновіше

Two NAU dormitories were transferred to private individuals using forged documents

The press service of the prosecutor's Office of the Kyiv city reported that law enforcement agencies are trying to...

- Advertisement -

Слідуйте за успіхом разом із нами! Кваліфіковані юридичні послуги

Embezzlement of $13 million was revealed during the construction of the Velyka Okruzhna road

The press service of the prosecutor's office of the city of Kyiv reported on the establishment of the fact of violation of state interests...

By forged documents, the entrepreneur took possession of two premises on Hrushevskoho Street​

The press service of the Kyiv Prosecutor's office informs about sending to the court an indictment on the fact of fraudulent seizure of two...

The bank provided a credit for UAH 11 million for a non-existent property

The Prosecutor's Office of Kyiv city sent to the court an indictment against the head of a private enterprise, who is suspected of seizing...

Experts comment on the government’s restriction of support of the Export Credit Agency project

On the 3rd of February in the first reading Verkhovna Rada of Ukraine passed the bill №3793 “On making amends to the Law of...

Думай

Experts comment on the government’s restriction of support of the Export Credit Agency project

On the 3rd of February in the first reading Verkhovna Rada of Ukraine passed the bill №3793 “On making...

Читай

Embezzlement of $13 million was revealed during the construction of the Velyka Okruzhna road

The press service of the prosecutor's office of the city of Kyiv reported on the establishment of the fact...

Теж цікаво

Блоги

Alina DEMCHYK | Protecting the rights of victims of domestic violence

Domestic violence is one of the most urgent social problems affecting Ukrainian society. Statistics show that about 1.8 million Ukrainian women experience domestic violence...

Andriy ZABLOVSKY | Big Data market in Ukraine or how not to miss your chance?

According to IBM Research, 90% of all human data has only appeared in the last 10 years. At this rate of data generation, in...

Andriy HREBONKIN | National Economic Strategy 2030: Future changes coming to the construction sector

At the end of 2020, the Cabinet of Ministers of Ukraine published the National Economic Strategy 2030, which is considered a fundamental roadmap for...

Andrii ZABLOVSKYI | Artificial intelligence technologies serving for “smart cities”: Ukraine and the world

Technologies developed on the basis of artificial intelligence are widely used for the needs of “smart cities”: starting with traffic handling (such as in...

Andrii ZABLOVSKYI | How the Law №466-IX should not be “improved” or why attempts at its “cosmetic” revision do not help

Despite numerous appeals from business and the expert community, the scandalous tax draft №1210, which entrepreneurs called "tax terror", became Law №466-IX and came...
- -