“ Rechnik “ has defended a signboardArbitration court of Moscow yesterday has refused to satisfy the claim of Rosimushchestva, demanding to take down a board building, a barrier, a signboard and gate of infamous settlement “ Rechnik “. One year ago the arbitration already considered the same claim and has taken out then the decision in favour of Rosimushchestva. In “ Rechnike “ are assured that court “ has confirmed correctness of members of garden association in dispute on legality of creation of settlement “. In Rosimushchestve intend to appeal against against the arbitration decision.
Isk Rosimushchestva is considered in arbitration court of Moscow already the second time. The initial claim of department to “ Rechniku “ has been submitted in June, 2008, and in 2009 the arbitration has passed the decision in favour of Rosimushchestva. The ninth appeal court has upheld the decision, however in August, 2009 the Federal arbitration court on the Moscow district has directed business on new consideration (it has begun in January, 2010). Thus figurants of trial and claim requirements remained the same. Rosimushchestvo achieved in court of a pulling down of an one-storeyed wooden structure of board of garden noncommercial partnership (SNP) “ Rechnik “ and also iron gate, a barrier, a signboard of settlement and the poster with an inscription “ Rechnik - justice territory “. The Total area of objects to which claims were shown, has made 57,9 sq. m. the Third parties to trial have been involved the government of Moscow, FGUP “ Moscow canal “ and Karamyshevsky hydroknot.
we will remind that a pulling down in “ Rechnike “ has begun on January, 21st after 12 - summer suit of inhabitants with the capital mayoralty which struggles against placing of structures in territory of natural park “ Moskvoretsk “. In total police officers have taken down 22 structures and have released 17 ground areas. In the beginning of February the pulling down has been suspended for the period of public prosecutor`s check which has demanded to spend president Dmitry Medvedev, to find out, whether the rights of inhabitants of settlement have been broken. The first results of check became known in the middle of February when it has been got four criminal cases concerning officials, including the court enforcement officers executing the decisions on a housebreaking in “ Rechnike “. However further on results of checks it was informed nothing, and inhabitants of settlement have lost trial in arbitration court, trying to prove that competition on a pulling down of their buildings was illegal (“ “ informed on it on March, 30th).
This time arbitration court, considering the same case, has passed absolutely opposite decision to that has accepted in 2009. Representatives of Rosimushchestva pressed in court that the earths have been allocated “ Rechniku “ illegally in 1956. In particular, lawyers of department asserted that the earth under landing of gardens has been allocated by order of the head of department “ Moscow canal “ whereas to dispose of the earth it it is right had no, and the executive committee of Council of deputies of Kuntsevsky area of Moscow Region could make it only. Besides, in Rosimushchestve consider that at that garden association and present SNP “ Rechnik “ created in 2001, “ there is no assignment “. However lawyers “ Rechnika “ have presented to court remained inventory cards of copartners and individual contracts of inhabitants of settlement which testify to such assignment. At last, in “ Rechnike “ have referred to the recent decision of Kuntsevsky regional court which has refused to recognise insignificant the contract of 1957 between the Horoshevsky Village Soviet and incorporated board of gardeners (on its basis “ Rechniku “ also the earth) has been allocated. As a result judge Svetlana Belitsky has refused to Rosimushchestvu the claim. The motivation part of the decision will be published next week.
lawyer SNP “ Rechnik “ Dmitry Petrov considers that court “ has completely confirmed correctness of members of garden association in dispute on legality of its creation and a finding on this earth of usual citizens “. “ We are glad that the court finally has understood this difficult legal design and has made the well-founded decision “ - mister Petrov has declared. In Rosimushchestve have declared only intention to appeal against against the arbitration decision, having refused detailed comments.