Yesterday, on October 29, I took place a press - conference the deputy of the City Council of Alexander Zholobetsky on whom he reported to journalists about completion of fight for Victory park
"I want to share with you good news: the fat end is put to swindle round Victory park - the illegal lease contract of the earth by means of which the park would be destroyed, by the decision of the Odessa appellate court is nullified. Symbolically and that the judgment is made on the eve of 65-oh anniversaries of liberation of Ukraine therefore it can be considered not only a justice celebration, but also a gift to veterans of war and to all of us", - A. Zholobetsky declared.
The deputy of city council reminded as events round this park developed.
In 2002 the lease contract of individually certain property of municipal property between KP "City Victory Park" and JSC Business-Real was signed. Founders of JSC Business-Real, according to the unified state register of legal entities and individuals, at that moment citizens Chaika Vladislav Vladimirovich, Pelipas Alexey Aleksandrovich and Savin Stanislav Vladimirovich were. In 2008 there were changes in structure of founders, and in JSC Business-Real remained two founders - Vladislav Chaika and Alexey Pelipas. According to that lease contract the slot machine hall, a dance floor and the summer movie theater located at the address were transferred to using of JSC Business-Real for a period of 25 years for service and improvement only: Geroyev Stalingrad Ave., 2.
But in two years other lease contract - between KP "Nikolaev Parks" and JSC Tsunami-YUG according to which "the Tsunami - the South" received in using for 49 years a complete property complex of Victory park was signed. In the same contract it is defined that the object of rent is located on the land plot of 267800 sq.m
And Zholobetsky noted that founders of JSC Tsunami-Yug at that time were Nedbay Vyacheslav Viktorovich and Zotova Natalya Evgenyevna. Both inhabitants of Nikolaev.
In few months, at the end of 2004, JSC Business-Real and JSC Tsunami-Yug appealed to the mayor Vladimir Chaika to allocate for them in rent the land plots for service of rented property and received a consent to development of the project of branch of the land plot on Stalingrad Ave., 2 for service of rented objects to what the letter of the Executive Committee of the City Soviet of People's Deputies testifies of 24.03.05.
The made project of branch of the land plot of JSC Business-real and JSC Tsunami-Yug received the negative decision of the State land use planning examination, and 18.07.06 regional management of environmental protection withdrew the conclusion according to the branch project in connection with numerous violations of the law.
According to A. Zholobetsky, despite it the mayor several times submitted this question for session. Right there the deputy thanked the colleagues who penetrated into an essence of the events and never voted for this lease contract.
After that there were long lawsuits.
JSC Tsunami-Yug I appealed with the claim to court with the requirement to oblige city council to lease to it the land plot. Judicial proceedings lasted some months and ended in favor of city council. But then there was a resolution of Economic court of the Nikolaev area which obliged city council represented by executive committee will sign the lease contract of the land plot with JSC Tsunami-Yug according to the branch project for protection and care of Victory park. However after definition of the Odessa appellate court of 22.10.07 about opening of appeal consideration of the appeal complaint the Economic court of the Nikolaev area the letter reported of 03.12.07 that the Resolution of Economic court of the Nikolaev area didn't enter of 09.08.07 validity.
"Knowing about it, the mayor Vladimir Chaika everything is signed the earth lease contract with JSC Tsunam-Yug with which JSC Tsunami-Yug peredan srokom na 5 let zemelny uchastok ploshchadyyu 475669 kv. m. Hochu napomnit, chto tsely god pochti na kazhdoy sessii ya preduprezhdal o tom, chto gotovitsya k podpisaniyu novy dogovor arendy parka Pobedy mezhdu gorodom i JSC Tsunami-Yug, soglasno kotoromu gorod otdayet etomu predpriyatiyu s ustavnym fondom v 20 tysyach griven 47,5 gektarov parkovoy zemli v istoricheskom tsentre Nikolayeva, - A. Zholobetsky told.
The deputy of city council and documents - the copy of a copy of the lease contract of the earth on which by a hand of the mayor it is added provided that the site is transferred not only for protection and leaving, but also for reconstruction of Victory park, and action time from 10 years is transported on 15.
The exit from current situation, according to A. Zholobetsky, was only one - the City Council had to appeal to court with the claim about a rupture of the lease contract of a complete property complex Victory park of December 11, 2007 with JSC Tsunami-Yug. And the City Council appealed to court with such claim. However, the mayor Vladimir Chaika wrote refusal of the appeal complaint to the Odessa appellate court.
"It is possible to guess how the earth of Victory park if we didn't manage to stop this robbery would be used only. Today, according to the resolution of the Odessa appellate economic court, the decision of Economic court of the Nikolaev area from is upheld, satisfaction of the appeal complaint of JSC Tsunami-Yug is refused. Thus, the lease contract of the land plot signed between city council and JSC Tsunami-Yug is nullified. I hope that it is a point in swindle round Victory park", - Alexander Zholobetsky declared.