The Prosecutor's Office of Zhytomyr region returned misappropriated 100 hectares of land





02.11.2010 14:20
The Prosecutor's Office of Zhytomyr region turned misappropriated nearly 100 hectares of land, the press service of the prosecutor's office in Zhitomir region. Прослушать На латинице Ltd. "Bud-Invest Alliance, filed (July 2008) in the Economic Court of Zhitomir region with a claim to the LLC" Land Market in Ukraine "to terminate the contract of commission, acceptance of purchase and sale of land and real recognition for their property rights , wrote Building.

The Economic Court of Zhitomir region. partially satisfied the claim - recognized as valid in 1949 contracts of purchase and sale of land plots totaling 98 hectares, and, accordingly, recognized the company "Bud-Invest Alliance ownership of land area of 98 hectares on the territory of the village council Toporischenskogo Volodarsk-Volyn region.

Although, in violation of the Commercial Code, the plaintiff in the case did not provide evidence that a claim in court he was duly declared the termination of the treaty which gave the court the grounds for termination of the contract committee of 12/05/2008.

In addition, the court, in deciding to recognize as valid the above contracts of purchase and sale of land, has flagrantly violated the requirements of some articles of the Civil Code of Ukraine.

Applying st.220 Part 2 of the Civil Code of Ukraine, said that following notarization of such contracts is not required, without providing at the same time no evidence that one of the parties disputed legal evaded notarization of contracts of purchase and sale. In addition, the court did not take into account that the sellers under the said agreements do not have documents on the ground - the state acts, and therefore have no right to dispose of it.

The audit of the prosecutor's office appealed against the illegal decision of the court.

Decision of the Supreme Economic Court of Ukraine (October 2010) the unlawful decision of the economic court of Zhytomyr region abolished, the lawsuit LLC Bud-Invest Alliance refused.

In addition, the fact of malpractice and forgery performance of official persons of the State Committee in Volodarsk-Volyn region of the district prosecutor's office Cherniahivs'ka criminal case on which there is a pre-trial investigation.
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