On March 19, 2024, an appeal hearing will be held in Kyiv's Northern Commercial Court of Appeal on the complaint of the Ministry of Justice of Ukraine, directed against the decision of the Commercial Court of Kyiv, which caused a wide response. This decision left the owners without real estate in the center of Odessa, which is valued at hundreds of millions of hryvnias.
At the end of 2021, large real estate objects in the center of Odesa were re-registered - the "Kyiv" business center and the "Gretskyi" shopping center.
Registration actions, as a result of which the property passed to new owners, were illegal - this was recognized as the Ministry of Justice, as well as the notary Tetiana Dombrovska herself, who allegedly registered these agreements. She told the investigation that she had nothing to do with them, referring to the intervention of unidentified hackers.
Tetyana Dombrovska's statement that she did not carry out these registration actions
On December 28, 2021, the Ministry of Justice of Ukraine published Order No. 4677/5, by which he recognized the registration actions as illegal and decided to return the property to the public organization "CZI". However, the new owners filed a lawsuit in the Commercial Court of Kyiv to declare this Order illegal and cancel it. The main argument of the lawsuit is a legal dispute between two outsiders regarding their joint residence as husband and wife. They also argue about the property belonging to "CZI".
The lawsuit was considered by the Deputy Chairman of the Economic Court of Kyiv, Judge Serhii Stasiuk. 23 Worm 2022 Rock he imposed a pre-trial arrest in compliance with the Order of the Ministry of Justice. According to the judge's position, "implementation of the Order of the Ministry of Justice significantly complicates the effective protection or restoration of disputed rights." This is despite the fact that the Ministry of Justice is, by law, the body that itself monitors the execution of court decisions.
This decision was appealed, and September 7, 2022 canceled by the Decision of the Northern Court of Appeal of Kyiv.
However, judge Stasiuk 26 September 2022 reimposed a ban on the implementation of the Order of the Ministry of Justice.
On December 7, 2023, the decision of Kyiv Commercial Court judge Serhii Stasyuk from November 16, 2023 . According to the text of the Decision The order of the Ministry of Justice was declared illegal.
As stated in the Decision, the judge was guided by the fact that the Anti-Raider Commission under the Ministry of Justice did not have to consider the complaints from the plaintiffs, because the courts at that time were considering the case with the same participants and on the same grounds. It is about the specified "family" dispute.
At the same time, in documents submitted to the court, the Ministry of Justice consistently proves that the cases in question not identical at all to the complaint from "CZI", which was considered by the Anti-Raider Commission of the Ministry of Justice, and concerns other people and circumstances, and in general it is a family dispute.
Also, the fact that the parties and grounds in the mentioned cases are not identical, but is only a scheme of the opponents, which allows the case to be delayed, confirms "The conclusion of the scientific and legal examination on the application of the analogy of the law in the order of cancellation of registration actions by the Ministry of Justice of Ukraine and its territorial bodies” “NISE-EXPERTISE”, dated 4.01.2024.
The lawyer of "CZI" Oleksandr Yefimov is sure that judge Stasiuk made an unjust court decision that contradicts the norms and spirit of procedural and substantive law.
However, after the judge's decision, which actually decided the fate of property worth several hundred million hryvnias, the Ministry of Justice of Ukraine joined the case again. by filing an appeal on this decision of the Commercial Court.
By decision of February 13, 2024 in case No. 910/2281/22 appeal proceedings were opened, with the case being heard on March 19, 2024 at 13:00 p.m.
The approach of the appeal hearing is causing lively discussions among the public and experts. The lawyers of "CZI" hope that during the review of the appeal, "the court will show a more attentive and well-founded approach to the arguments of the Ministry of Justice, thereby ensuring the restoration of the rights of the legal owners and strengthening of trust in the judicial system of Ukraine."
