Rus News Journal

Arbitration courts

the Supreme Arbitration Court has partially satisfied the joint-stock company claim Stalproekt to the State Property Committee of Russia and scientifically - to production association CHermetavtomatika . Stalproekt challenged the order of the vice-president of the State Property Committee Valentine Sychkina from January, 26th, 1992 about withdrawal from the claimant bolshej parts being on its balance 16 - a floor building. From 25,8 thousand in sq. m of the area of premises of this building of 17 thousand State Property Committee has taken away on balance to itself, 4,7 thousand has given CHermetavtomatike and the rest has left Stalproektu .
Representatives of the claimant have declared on court that the State Property Committee has included a disputable building in a joint-stock company authorised capital stock Stalproekt (the charter has been confirmed on October, 27th, 1992 by the vice-president of the State Property Committee Alexander Ivanenko), and now has not the right to withdraw the building most part. Has especially revolted the claimant that the committee has taken away at Stalproekta premises of a dining room and a conference - a hall.
the adviser of the State Property Committee Sergey Kovalev has answered it that has occurred nestykovka between two managements of the committee one of which privatises the enterprises (it has brought a building in an authorised capital stock ` Stalproekta `), and another - disposes of real estate (it has withdrawn at ` Stalproekta ` the building most part) . Sergey Kovalev considers that the right was the management which has taken away a part of a building at joint-stock company. Thus granting of 4,7 thousand in sq. m of the area CHermetavtomatike the respondent has explained to that the disputable building was under construction including for it. And in favour of the State Property Committee of 17 thousand in sq. m Kovalev has explained withdrawal by the committee right to dispose of any state ownership.
the Board under the chairmanship of Aleksandry Kozlovoj has nullified the challenged order regarding withdrawal by the State Property Committee of 17 thousand in sq. m of the area on the balance, and also regarding granting CHermetavtomatike 776 superfluous sq. m (earlier the ministry has assigned to association in a disputable building on 776 sq. m less, than has disposed to give it the State Property Committee).
It is refused the claim to joint-stock company Hobby LTD to the State tax service of Russia and tax inspection of Samara. The joint-stock company challenged the certificate of tax inspection of Samara from the April, 15th, 1992, established that the claimant has wrongfully included expenses on acquisition of actions of a stock exchange and expenses on acquisition of certificates on the right to participate in its auctions in structure of the cost price of production. The claimant asked to nullify also the letter of the State tax service of Russia with an explanation under this certificate of tax inspection of Samara.
As has found out court, tax inspection has inspected financially - economic activities the Hobby from June, 26th on December, 31st, 1991. At check it has been established that the joint-stock company has obtained short-term loans for a total sum of 1 million rbl. on which has got actions and the certificate on the right of participation in the auctions at a stock exchange in bank. Expenses for payment of percent on short-term loans are carried by the claimant on production cost price whereas should be paid for the account of profit of the enterprise.
the representative of tax inspection has informed on court that the actions got by the claimant and the certificate do not concern material resources and should not join in the cost price.
the court has stopped manufacture on business in a recognition part void letters of the State tax service as it is not the answer to the complaint of the claimant. Other part (under the certificate) in satisfaction of the claim it is refused.

the Moscow arbitration court has postponed claim consideration scientifically - manufacturing enterprise Geliomed to small enterprise Infokont on 2,721 million rbl.
In 1992 the parties had been concluded the contract on which the respondent was obliged to put to the claimant two hangars for the sum of 1,62 million rbl. the Claimant has made an advance payment, but hangars has not received. Geliomed has addressed in court, collecting a debt, the penalty for delay in delivery and the penalty for goods non-delivery (provided by the contract). Under the statement of the respondent, the claim it did not receive, and consequently, is broken pretenzionnyj an order. Besides, he asserts that demanded hangars has put, but while it has not confirmed.
consideration of two similar claims of Office of Public Prosecutor of Moscow to limited liability company " is postponed; ZHiltovarishchestvo - our house To management #1 municipal enterprises for operation of high-rise administrative houses and territorial agency Basmannoe about a recognition void lease contracts.
in 1991 the management has leased to a society with the right of the repayment a residential building and uninhabited premises about street Soljanka, 1/ 2 structures 1 and 2. According to Office of Public Prosecutor, item 4 of Bases of the legislation on rent have been thus broken as lease property can either the proprietor, or body, on it authorised by the proprietor, the management the proprietor is not, and the Moskomimuschestvo (proprietor) of the right to lease property of management did not delegate. According to representatives ZHiltovarishchestva infringements in the conclusion of the contract are not present, as at the moment of the conclusion of the contract the proprietor was the Moscow Council. Already after giving of the claim the management #1 has nullified the contract (as the house was not registered on its balance). The court has involved Moskomimuschestvo as the respondent and has postponed claim consideration.

the arbitration court of Petersburg and area has postponed disposal of legal proceeding under two claims of the trading joint-stock enterprise Dry goods to All-Union design scientifically - to research institute of the complete set of power technology and joint-stock company art - Astroteks about a recognition void the lease contract and eviction. The third party on business - Seaside agency of Committee on management of city property.
on December, 1st, 1988 Dry goods has concluded with institute the lease at it premises (street School, 56) in which equipped shop #95, and on July, 1st, 1992 has renewed the contract with Seaside agency KUGI.
However on March, 26th, 1992 the institute has concluded the lease contract with art - Astroteksom on which has once again leased the same premises. And on August, 15th, 1992 the new tenant has driven in them.
After that Dry goods has submitted the claim to arbitration court. Representatives of institute assert that in the beginning of 1992 Dry goods has ceased to exist. Representatives Dry goods assert that actually it only was twice transformed (in the beginning of 1990 from the auction to the rent enterprise, and in January, 1992 - in joint-stock company). The court of the first instance has satisfied both claims, the cassation board has postponed business before granting by the claimant of documents on a re-registration.
the claim of the Petersburg state children`s dramatic theatre " is satisfied; Fairy tales on Neva to municipal fund of social protection of the population of Lenin area about eviction.
on May, 1st, 1992 the claimant has concluded with Committee on management of property of a city the lease contract on a building on the Soviet lane, 5 (the former building of the Lenin district committee of party). At settling it has appeared that the building cellar occupies fund - the respondent and uses it under a warehouse of building materials. In 1992 the district committee has started up it there without registration of any documents.