Rus News Journal

Column Arbitration courts

the Supreme Arbitration Court has satisfied the claim of the Siberian branch of the Russian Academy of Sciences to the State Property Committee of Russia about a recognition of illegal privatisation of MT AkademSibekspo . It was engaged in the exhibition activity which was bringing in the income to the claimant, therefore the academy of Sciences objected to independent privatisation of this enterprise. The court recognised that AkademSibekspo it is created by the body which does not have the rights to establish the enterprise on the basis of property of academy. Hence, GKI privatised illegally created enterprise.

the Claimant challenged order GKI from the April, 29th, 1994 which has resolved privatisation of MT AkademSibekspo . The claimant has informed court that MT has been founded in February, 1991 to advertise and realise scientific workings out of the enterprises, subordinated academies of Sciences. The Siberian branch has referred to decision VS the Russian Federation from the April, 1st, 1993, forbidden privatisation of the enterprises which are a part of academy, without its consent.
the court has satisfied the claim, however on other motives. AkademSibekspo it has been created by unauthorized body - presidium of the Siberian branch of academy whereas the right of establishment of state enterprises Councils of deputies possessed at that time only. In April, 1994 the Novosibirsk arbitration court recognised constituent documents AkademSibekspo the void. Nevertheless, GKI on April, 29th has disposed to privatise illegally created enterprise. The court has nullified also this order of the State Property Committee.

the Supreme Arbitration Court has rejected the joint-stock company statement the Emergency humanitarian help about revision on again opened circumstances of the claim of the Russian society of the Red Cross to the State Property Committee. Earlier the court has satisfied this claim, having nullified order GKI about warehouse transfer - the base belonging to a society of the Red Cross, in a joint-stock company operational administration the Emergency humanitarian help . The last has addressed with the statement for revision of this verdict, having informed that the disputable object was under construction for the state account. However the court has upheld the initial decision.

on October, 27th, 1993 GKI has disposed to transfer to the State Committee of Russia on emergency situations a warehouse - base (6 - I Radial street, 62). GKCHS has received a warehouse for sharing from joint-stock company the Emergency humanitarian help . The society of the Red Cross asked to recognise this order GKI void and to return it a warehouse.
the court has satisfied the claim, recognising that the disputable warehouse - base belonged earlier to the Union of societies of the Red Cross and the Red Half moon of the USSR, and the State Property Committee has the right to operate only state property. However joint-stock company The emergency humanitarian help has demanded to reconsider this decision as a warehouse - the base was under construction for the state account. The court has rejected this statement, recognising that the disputable object long time was in possession of public organisation and GKI has not the right was to withdraw it.

the Moscow arbitration court has cancelled the decision on satisfaction of the claim of the Savings Bank of Russia to Open Company the Time - VS and to insurance joint-stock company Janus on 83,4 million rbl. the Time - VS has received from the claimant 50 - the million credit and has bought on these means a brick and plywood in Tbilisi, but cannot take out them therefrom. The borrower has explained these a loan non-return. Originally the court has collected a debt part (26,5 million rbl.) from the insurer . However the insurer considering that the Time - VS deliberately promoted insured event approach, has achieved cancellation of this decision.

in May, 1993 Naro - the Fominsky branch of the Savings Bank #2572 has given Open Company the Time - VS the credit of 50 million rbl. for three months under 160 % annual for purchase of 7500 juice extractors. The loan and a part of percent (for a total sum of 58,7 million rbl.) Has insured joint-stock company Janus . the Time - VS has not returned the credit. The Savings Bank collected from it and from the insurer the loan, percent on it and the penalty.
the first instance of court has collected from the insurer of 26,5 million rbl. (insurance compensation minus the sum brought earlier by the borrower). Other sum has been collected about the Time - VS . However under the complaint of the insurer this decision has been cancelled, and business is directed on new consideration (it is entrusted to court to obtain on demand at the borrower of the proof of payment by it of percent on the credit). The insurer intends to prove to court that the Time - VS deliberately promoted insured event approach as the contract on acquisition of the juice extractors, presented by the borrower for credit reception, it has terminated right after loan receptions.