Rus News Journal

Arbitration courts

the Supreme Arbitration Court has upheld the decision on refusal in the claim to Donetsk metal works to the president of Russia. The factory asked to recognise as illegal Boris Yeltsin`s order about transfer to conducting Mθνθρςεπρςβΰ of safety of Russia children`s recreation camp “ the Metallurgist “ in Anapa.
the representative of service of legal maintenance of the Ministry of safety Anatoly Zhuchkov has informed in court that the Ukrainian party itself has provoked the president to withdrawal of camp and its transfer to the property of Russia, having nationalised 9 health resorts which belonged to the safety Ministry, at coast of the Black and Azov seas. The court has agreed with arguments of the ministry and has refused the claim. Judges motivated the decision with the Law of RSFSR “ About maintenance of an economic basis of the sovereignty of RSFSR “ according to which the property of the allied enterprises in territory of Russia is its property.
In the appeal the claimant has declared that on factory the mentioned law on the sovereignty as the factory was the property of Ukraine, instead of the Union should not extend, besides the withdrawn camp was under construction at the expense of means of the factory. However cassation board under the chairmanship of Nadezhdy Ksenofontovoj, being guided by the law on the sovereignty and, according to the judge, patriotic reasons, has upheld refusal to factory in the claim.

consideration of the claim Krasnodar kommerchesko - product company " is postponed till June, 10th; Vavilkom “ to English firm “ Κuntesh Enterprise Ltd “ on $36 300.
According to the claimant, in the end of 1991 “ Κuntesh Enterprise Ltd “ has put “ Vavilkomu “ rejected Hong Kong phones more than on $200 thousand In August, 1992 the president of English firm John Patel (John Pattel) has signed the agreement in which recognised the fault and was obliged for an amount of damage ($33 thousand) To put “ Vavilkomu “ bed-clothes. But has not put, and the claim does not answer. “ Vavilkom “ has decided to collect with “ Κuntesh Enterprise Ltd “ an amount of damage and 10 % of the penalty through the Supreme Arbitration Court as it has been provided in the contract. Business is postponed from - for absences of the respondent to which the court will repeatedly send to London the letter with the requirement to be and present a response on the claim.

definition and the decision of the Moscow arbitration court about phase-out under the claim of the Danilovsky market to the government of Moscow and prefecture of Southern district is cancelled. The claimant asked to recognise as void orders of the government and prefecture about market transfer to the Trading house of the union of Cossacks.
the director of the market g - n Temnikov has informed court that the security service of the Trading house does not start up on the market its administration, “ applying physical strength “. According to the director, the government has gratuitously given the market “ To mafia commercial structures, having allocated with it the credit in 500 million rbl. “
the Moscow arbitration court recognised that the market is not the legal body (its charter is not registered) and has stopped manufacture on business. The supervising board under the chairmanship of Nina Ivannikovoj has cancelled this decision and has directed business on consideration, in essence, to the same court. According to board, the market has the right to address in arbitration court, as this self-supporting enterprise.

the Moscow arbitration court has postponed consideration of the claim of co-operative society “ Red Presnya “ to the limited liability company “ the World “ about eviction.
on January, 1st, 1987 the co-operative society has leased to trust of dining rooms of Voroshilovsky area a premise in which the trust has opened cafe “ cape Verde “. In 1991 the trust of dining rooms has been liquidated, and the assignee, under the statement of the claimant, does not remain. The claimant asserts that indoors there is any more a cafe, and office of the respondent and has asked to move it.
the respondent asserts that association - the assignee of trust of the dining rooms, created for cafe privatisation. The cafe collective has made an application on privatisation, and actions of the claimant prevent to privatise to association cafe.

the Moscow regional arbitration court partially (on 9,8 million rbl.) Has satisfied the claim of commercial bank “ the Negotiator bank “ to Management of tax inspection of Moscow Region about return from the budget of 13,1 million rbl.
According to representatives of bank, in April of this year regional tax inspection has spent in “ the Negotiator bank “ week check - ostensibly from - for necessities to train tax inspectors in work with the bank documentation. But upon termination of check the statement about the infringements found out in bank has been drawn up. For example, tax inspection has considered as profit concealment time transfer into the reserve account of bank of the contribution of one of founders of bank in the authorised capital (4,5 million rbl.) . As a whole under the check certificate “ the Negotiator bank “ should give to the budget of 13,1 million rbl. the Management of bank has not signed the certificate and has directed to inspection the concrete objections under the certificate. Inspection has not listened to arguments of bank and has in writing confirmed the decision on collecting of money.
and the court recognised that on four of five episodes tax inspection has inflicted sanctions on bank incorrectly. “ the negotiator bank “ has presented to court the letter from the Central Bank with a similar conclusion (the letter also tax inspection, by the way, received). According to the representative of bank, in this business for “ the Negotiator of bank “ it was important to return not so much money, how many to dismiss from itself charges in deliberate concealment of incomes and a deceit.

in arbitration court of St.-Petersburg and area the cassation board has upheld the decision under the factory claim “ the Dynamo “ and industrial sewing association “ the Wave “ To special industrial design office of clothing industry, having finished trials between it bureau and factories concerning a ground (Lenin avenue, 140).
the Site has been allocated to factories - to claimants in 1978 the Part of its factory have built up, and in 1990 on the remained area have decided to construct a building together with bureau - the respondent, have concluded the corresponding contract and have prepared the project. However unexpectedly the bureau has begun building under own project in which it was not provided premises for factories. Therefore factories have submitted and in March, 1992 have won the claim about a building recognition illegal and eviction of bureau from this earth. After a while vitse - the mayor of Petersburg has taken out the order about withdrawal of the earth at factories and transfer to the order of bureau for building continuation. On the basis of this order of bureau has achieved cancellation of the first judgement. Factories have submitted the claim about a recognition void orders vitse - the mayor and again have carried case. Then factories have won the claim about a building recognition illegal and earth clearing. The cassation board has confirmed this decision.

consideration of the statement Kalininsky is postponed is industrial - the operational enterprise of thermal networks to experimental plant “ the Aurora “ about a recognition “ Auroras “ the bankrupt.
the factory does not pay thermal energy delivered by the claimant and has run into debt already 224 million rbl. Arbitration court has demanded from the respondent to give data on presence of money on its settlement account and data on, whether there are for it debtors and whether it is capable to pay off with a debt available for it.