Judgement under the claim to the president of Russia
the Supreme Arbitration Court of Russia has sent yesterday Donetsk metallurgical
to factory (Ukraine) a written substantiation of refusal in the enterprise claim to
to the president of Russia. Informed on this decision on February, 20th. Boris`s order
Yeltsin from September, 21st, 1992 about transfer to ministry conducting
safety of Russia of a children`s recreation camp “ the Metallurgist “ in Anapa,
belonging to factory more than 20 years, are recognised by lawful.
the arbitration court Board on disputes in management sphere has established that Boris
Yeltsin had the right to dispose of pioneer camp “ the Metallurgist “ Donetsk
metal works as the camp is in territory of Russia. In
the decision the court leant against the Law “ About maintenance of an economic basis
the sovereignty of RSFSR “ according to which the property of the state enterprises
the allied submission, located in Federation territory, is
the Russian property.
this law allows to make a complaint for concrete objects
to the property, located on territory of the former union republics. Thus
the order of consideration of such claims should be established
by interstate agreements. However the court could not apply in the given dispute
any of two agreements, guaranteeing to proprietors their inviolability
property. The Bishkek arrangement from October, 9th, 1992 “ About mutual
a recognition of the rights and regulation of relations of the property “ on the Ukrainian objects
does not extend, as Kiev is the agreement has not signed. Similar
Russian - the Ukrainian document signed on January, 15th, 1993 in Moscow, too
could not be taken into consideration court as the agreement yet
is ratified by parliaments so, has not come into force.
as it became known to the correspondent, the administration of Donetsk factory considers,
that the Russian arbitration court has not considered rather essential circumstance.
according to factory manager Vladimir Sledneva, camp “ the Metallurgist “ cannot
be considered as the all-union property as it was under construction not on
the centralised means, and for the money earned by Donetsk factory and
has managed in 5 mlrd rbl. in the prices of 1993.
EKATERINA - ZAPODINSKY
VALENTINA - MOROZOVA