“The commercial court of the Rivne region invalidated the contract according to which the State Property Fund leased the stakes in the Rivne region to Verkhniy Val LLC.”, — write: www.epravda.com.ua
The commercial court of the Rivne region invalidated the contract according to which the State Property Fund leased the stakes in the Rivne region to Verkhniy Val LLC.
About this testifies court decision
On February 28, 2023, the regional branch of the State Property Fund of Ukraine for the Rivne and Zhytomyr regions leased a number of properties located in the village of “Upper Val” LLC. Berezyna of the Varas district of the Rivne region:
- pond No. 1;
- pond No. 2;
- pond accumulator;
- summer repair ponds and main channel;
- unfinished capital construction of pond No. 4 of the auxiliary farm.
This property was not included in the authorized capital of PJSC “Teplichny Kombinat” during the privatization of SE “Teplichny Kombinat”.
Verkhniy Val LLC leased ponds for aquaculture purposes.
As the court established, the plot of land on which the property complex of PJSC “Teplichny Kombinat” is located has been in constant use since 1996 by the separate subdivision “Rivnensk Atomic Power Station”. Later, it was transferred to the reserve lands of Bilskovilsk village council of Volodymyretskyi district.
Currently, the plot under the water objects in the State Land Cadastre has not been formed, the cadastral number has not been assigned, its boundaries have not been established, and the legal regime has not been determined.
The court established that the Regional Branch of the Federal Ministry of Finance for Rivne and Zhytomyr Regions did not have the right to make decisions and act as a lessor, and “Verkhniy Val” LLC is not the company that, according to the law on the lease of state and communal property, could receive the use of lease rights.
Therefore, the Commercial Court of the Rivne Region declared Clause 4.1 invalid. of the lease agreement on the transfer of rates for rent, and also charged UAH 1.5 thousand each from the Regional Branch of the State Property Fund of Ukraine for the Rivne and Zhytomyr Regions and “Verkhniy Val” LLC. expenses for payment of the court fee in favor of the prosecutor’s office.
Lawyer Andriy Taborovets is the founder and head of Rivne LLC “Verkhniy Val”. He was representative of the lessee company “Rusana Plus”, which destroyed the oldest building in Rivne.
The company “Upper Val” was registered on February 15, 2023, that is, two weeks before the transfer of the rates for rent.