News
An integral property complex of Kaluska CHP has been left in state ownership
On January 11, 2012, after having considered the case upon cassational appeals of the State Foreign Trade Company Ukrinterenergo and the deputy prosecutor of Ivano-Frankivsk region for the benefit of the Ministry of Energy and Coal Industry of Ukraine, the Supreme Economic Court of Ukraine made a decree that recognized the state property right for the integral property complex of DP Kaluska CHP granting the right of full economic management to SFTC Ukrinterenergo.
It is to note that SFTC Ukrinterenergo was constrained to instigate a lawsuit by the Ivano-Frankivsk region prosecutor’s office for the benefit of the sate represented by the Ministry of Energy and Coal Industry of Ukraine due to the fact that starting from 2008, despite repeated addresses of DP Kaluska CHP and eventually SFTC Ukrinterenergo as its legal successor, the Kalush town municipal authority deviated from making a decision on state property right registration for the integral property complex of Kaluska CHP.
The prosecutor’s claim was satisfied by the decision of Economic Court of Ivano-Frankivsk region dated 01.08.2011. However, the above decision was cancelled and the claim was dismissed by the decision of Lviv Economic Court of Appeal dated 19.10.2011.
The Supreme Economic Court of Ukraine made a stand for the protection of public interest by cancelling the decree of the Economic Court of Appeal and upheld the decision of the court of the first instance with regard to recognition of the state property for the integral property complex of Kaluska CHP, with the right of full economic management by SFTC Ukrinterenergo. The company has made the registration of state property for the above complex in the Register of ownership rights for real estate.