Kharkiv prosecutors sued 18 hectares of land misappropriated

26.07.2011 13:41
Property News | Kharkiv prosecutors sued 18 hectares of land misappropriated Economic Court of Kharkov region considered a claim prosecutors Dergachi area to the JSC "Investor" and its subsidiary "Investor Elite Story" on the use of petty contracts of sale of land. District Prosecutor's Office carried out inspection found that the order of the chairman of the State Administration Dergachi December 21, 2005 land area of ​​18.14 hectares, including land area of ​​7.1 hectares, which refers to forest lands, leased JSC "Investor" . Lease agreement signed December 22, 2005 for a period of 5 years. The said plot of land, located in the Cherkasy-Lozovsky village council outside the village, is classified as recreational land.

Later, by order of state administration chairman of December 26, 2005, "The sale of land nonagricultural AO" Investor "contract of sale of land to the specified company. December 29 of that year, issued by the state act on the right of private ownership of land.

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Contract of sale from October 16, 2006 JSC "Investor" has sold the land. And in December the same year was issued the State Act on ownership of land.

However, the Forest Code of Ukraine in the wording as amended on March 25, 2005, which operated under contract by December 26, 2005, did not provide for transfer to private ownership of forest lands.

Thus, the former officials state administration, contrary to the requirements of Articles 6,9,10 Forest Code of Ukraine and articles 56,57,84 Land Code of Ukraine, made a sale of joint-stock company "Investor" land area of ​​18.1465 hectares, situated in the territory of Cherkassy- Lozovsky village council outside the village, and entered into a contract of sale, being familiar with that part of the site area of ​​7.1 hectares of land belongs to the forest and can not be transferred to private ownership.

The decision of Economic Court of Kharkov Region from May 19, 2011 are fully satisfied with the claims of prosecutors and district Dergachi reclaimed from a foreign subsidiary ownership "Investor Elite Story" plot with total area of ​​18.1465 hectares and is returned to its state administration.

The court decision came into force.
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