The case of the sports club Voskhod: judges can legalize the scheme of free transfer of state property

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sports club Voskhod

Since November 23 in Ukraine, a court session has been held in the Northern Commercial Court of Appeal in Kiev, where an appeal against a rather scandalous decision of the Economic Court on the property of the Voskhod sports complex has begun. The judges consider the appeal against the scandalous decision of their colleague A. Ivchenko from the Commercial Court of Kyiv in the case № 910/18090/173 dated 22.07.2020, which by its decision recognized the ownership of social infrastructure facilities of the State Enterprise “VO” Kyiv radio plant “by the NGO” Sports Club “Voskhod” (hereinafter – NGO “SC” Voskhod “).

Prehistory

Voskhod Sports Complex, Dnipro House of Culture, stadium and other facilities at the address: st. Pryvokzalna, 12a, were built by the State Enterprise “Kyiv Radio Plant” in the distant 1980s. In 1996, this metropolitan complex was transferred on the terms of free use of the NGO “IC” Voskhod “, which in all subsequent years used the premises with a total area of ​​5,089.5 square meters at its discretion and without paying. This rather large complex included a closed shooting range, with a total area of ​​1,716.6 square meters. m., closed pneumatic shooting range, with a total area of ​​264, 8 square meters. m., sports and recreation complex with a total area of ​​264, 8 square meters. m., pavilion (checkpoint) with a total area of ​​31, 3 square meters. m., pavilion (administrative and domestic premises) with a total area of ​​45 square meters. m., non-residential premises of buildings and structures of the stadium on the street. Privokzalna 12A, with a total area of ​​3,891.7 sq.m.

In the same year – 1996 – the Arbitration Court of Kyiv initiated bankruptcy proceedings of SE “Kyiv Radio Plant” and the sports complex together with the House of Culture “Dnipro”, as the property of the plant, were included in the list of property to be sold. to repay the debts of the plant. The public organization tried to exclude the sports complex from the list of liquidation bodies through the court, but in 1999 the judges recognized the right of the Kyiv Radio Plant to facilities at Boryspilska street, 8-10, as they were built to order of the state enterprise and at its expense. But the users of the buildings continued the litigation with the owner, at the same time submitting a request to the Kyiv City Council to accept the social infrastructure of the Kyiv Radio Plant as communal property of the territorial community of Kyiv.

Subsequently, the courts considered three cases on the exclusion of property from the liquidation estate, but it remained with the SE “VO” Kyiv Radio Plant “. Moreover, in 2011 a statement of claim was filed against the free use of property by the NGO Voskhod Insurance Company and the 1996 agreement was declared invalid. But the NGO continued to use the sports complex without any legal grounds, and the liquidators continued to sell the assets of the bankrupt company. In 2016, it was the turn of the Dnipro House of Culture and the sports complex to be sold.

As a result of the auction on April 16, 2016, the sports complex was acquired by Kyivenerhocom LLC, and Olet Group LLC became the owner of BC Dnipro. For four years, both buyers, having paid real money, can not use their property – this is prevented by the use of force by the old users of buildings. And the Kyiv City Council continues the procedure of accepting the already sold objects of the radio plant into the communal property of the territorial community of the city of Kyiv.

In 2017, Voskhod Insurance Company demanded in court to cancel the auction for the sale of the above-mentioned property, purchase and sale agreements, cancel the ownership records of Kyivenerhokom LLC and Olet Group LLC, and even the initial records on the right of economic management of SE VO “Kyiv Radio Plant” on the property. The first instance satisfied this claim, the appeal remained unchanged, but the cassation instance on 05.02.2020 annulled the decision and returned the case to the court of first instance for reconsideration.

In April, Voskhod Insurance Company, within the framework of case 10910/18090/17, announced additional requirements for the cancellation of mortgage records, the cancellation of records on the right of state ownership, and the recognition of ownership of property under the acquisitive prescription. On July 22, 2020, Judge Ivchenko AM the claim was satisfied in full, all records were canceled, the ownership of the property was recognized in the absence of even a contract of use for the NGO “SC” Voskhod “.

Miracle solution

The public organization demanded from the Commercial Court of Kyiv to invalidate the results of the auction, invalidate the contracts of sale of property and cancel the state registration of real estate rights, recognize ownership, invalidate mortgage agreements, cancel records of mortgages, decisions on registration of rights, invalidation duplicate mortgage agreements.

Quite serious requirements. The reason for this, according to representatives of the NGO “Sports Club” Voskhod “was that the plaintiff has the appropriate decisions to stay in the disputed buildings from 1988-1989 from the authorities of a long-defunct country, as well as an agreement with SE” VO “Kyiv Radio Plant »On temporary use from 10.12.1996

The ruling, which will be heard by the Northern Commercial Court of Appeal in Kyiv on Monday, said that the court of cassation had concluded that the disputed property, which is on the balance sheet of the Kyiv Radio Plant Production Association, is state property. But further the judge notes that “Thus, at sale of the specified real estate the unrecognized property right including the right of possession and use of GO Voskhod Insurance Company on such real estate objects is broken”.

The judge ignored that the plant entered the relevant information on the registration of business rights in the State Register of Real Property Rights on 09.12.2015 on the basis of a certificate of ownership № 49834216 from 14.12.2015, issued by the Main Territorial Department of Justice in Kyiv and the act from 18.04.1997, issued by the Ministry of Mechanical Engineering of the military-industrial complex and conversion of Ukraine. However, Judge Ivchenko noted that since the NGO “Voskhod Insurance Company has been using these real estate objects for more than 20 years, it is a person who considers himself the owner of the said property, which is put up for auction and has the right to apply to the court for recognition. invalid auction results.

And, perhaps, that is why the judge makes not only a decision to cancel the state registration of ownership of these houses, which received the winners of the liquidation auction, but also a decision to cancel the ownership of Ukraine in the person of the Ministry of Economic Development and Trade of Ukraine. enterprise “Production Association” Kyiv Radio Plant “(USREOU 14308210), USREOU code: 37508596, country of registration: Ukraine, for real estate at the address: Kyiv, st. Boryspilska, bldg. 8, str. Boryspilska, bldg. 10 and street Privokzalna, 12-A.

The fact that Judge Ivchenko thus set a precedent for the legalization of the scheme of free transfer of state property to individuals “Active Citizens” wrote in the publication “In the process of” court “on the sports complex” VOSHOD “- the judge initiates a” scheme “of theft of state property.”

What children lose

On Monday, we will talk not only about the celebration of the law, but also about the prospects for residents of Darnytskyi district to receive a modern sports and recreation complex. Buyers of the house on the street. Boryspilska, 8 has long developed a project of a new sports complex, which due to litigation can not begin to implement.

“My children have been coming here for several years, professional coaches train here. But the conditions of training leave much to be desired, – the mother of boys who attend sections in IC “Sunrise” told “Active Citizens”. – There is a need to change the floor, ceiling, windows – everything is left from Soviet times. I’d better keep quiet about locker rooms and toilets. The stadium with modern coverage is extremely lacking. ”

The stadium where the pupils of Voskhod Insurance Company train and play today

The new owner of the premises – Kyivenergocom LLC – has already developed a project to equip two football and tennis courts near the entrance to the Voskhod sports complex.

It is planned to equip a modern gym, swimming pool, gym, boxing ring, dance hall, yoga and fitness room, tatami.

Whether the residents of Darnytskyi district of the city will receive all this it will be clear on Monday.

Read also “When the Kyiv authorities do not enforce their instructions, there are clashes with the police. The situation on Lviv-Picturesque

Inf. “Active Citizens”

Translation: Starovoit Olha

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