Yesterday, on June 17, in the Odessa appellate administrative court the appeal complaint to the resolution of economic court of the Nikolaev area of 09.08.2007, made by the deputy of the City Council Alexander Zholobetsky on behalf of the Nikolaev City Council was considered.
We will remind, the challenged resolution of Economic court of the Nikolaev area of August 9, 2007 satisfied the administrative claim of JSC Tsunami-Yug and recognized illegal evasion of the Nikolaev City Council from the conclusion of the lease contract of the land plot in 48 hectares of Victory park with JSC Tsunami-Yug.
This decision the court obliged the Nikolaev City Council to sign the lease contract of Victory park with JSC Tsunami-Yug.
And today the Odessa appellate administrative court made the decision partially to satisfy the appeal complaint of the Nikolaev City Council.
Namely: to cancel the Resolution of Economic court of the Nikolaev area of 09.08.07 and to direct this business on new consideration by the Central district court of Nikolaev (in the location of one of subjects of dispute).
Initial violation of the rule of subject jurisdiction was the basis for such decision.
In other words, the Nikolaev regional economic court at all had no right to consider JSC Tsunami-Yug claim to city council oh, in fact, the compulsory conclusion of the lease contract of Victory park.
Question: why the judge of the Nikolaev economic court not only accepted this business to consideration, but also obliged the Nikolaev City Council to sign the lease contract with JSC Tsunami-Yug on 48 hectares of the park territory"?