Many a little
“ Gazprom “ collects the lost property
“ Gazprom “ continues to correct consequences “ wrongful and unmotivated “ the decisions accepted in the past by heads of branches of monopoly in which result the gas concern lost actives or property. As have informed yesterday in a press - company service, “ Gazprom “ in the long term can return moorings belonging to it in Astrakhan which has some years ago sold them “ a daughter “ “ Astrahangazprom “. Analysts notice that on existing judiciary practice the former proprietor actually does not have prospects to return the lost property. But for “ Gazprom “ most likely the exception will be made.
As have informed in a press - service “ Gazprom “ At first, as a result of the check spent from July, 5 till July, 15th, 2005 by Audit Chamber of the Russian Federation it has been established that sale is made wrongfully and has caused straight losses to group “ Gazprom “. Then the Supreme Arbitration Court of the Russian Federation has established the fact of absence at “ Astrahangazproma “ the property rights to the given objects of real estate and, accordingly, absence at the company of the right to its alienation.
on March, 19th, 2006 the arbitration court of the Astrakhan region has satisfied in full claim requirements “ Astrahangazproma “ to “ Buzan - port “ about a recognition of the void transaction of purchase and sale of the property entering into a complex of berthing constructions on the river Buzan. In a press - service “ Gazprom “ have informed that after the introduction of the decision into validity the arbitration court of the Astrakhan region will renew manufacture under the claim “ Gazprom “ to “ Buzan - port “ About istrebovanii property from another`s illicit possession. In case of satisfaction of claim requirements the property will be returned the proprietor - “ to Gazprom “.
In most cases such processes on return of actives are hopeless, the operating partner of legal firm " speaks; Dobronravov and partners “ Yury Dobronravov. In it is frequent nosti, under large transactions the reduced term of limitation of actions is established, that is to try to challenge the large transaction it is possible only within one year. Also the claimant has not enough chances if the challenged property already has been resold, marks g - n Dobronravov.
Besides, as he said, the relation to claims about istrebovanii property from another`s illicit possession has now changed: to seize the sold property at the lawful purchaser it became much more difficult. But in this case it is a question about “ Gazprom “ therefore most likely the state company will carry this case, believes g - n Dobronravov. “ Now courts with great attention concern protection public sobst vennosti, rather than to protection of private property though it is rough infringement constitutional prin tsipa “ - he has noted.
at “ Gazprom “ already there is an experience on return of the lost actives, analyst IK " reminds; Ak Bars Finans “ Alexander Blohin. The concern, in particular, has restored control over “ Siburom “ and “ Nortgazom “ also to it 26 % of actions Cherepovets " have returned; Nitrogen “. Now the company continues legal proceedings on return of disputable 6,26 % of actions AHK “ Nitrogen “.