A regular meeting was held in the Odesa Commercial Court regarding consideration of the lawsuit of the military prosecutor's office against Basko LLC. The essence of the lawsuit is an attempt to demand from the company a property complex located in Odesa, which was sold by the Ministry of Defense twenty years ago.
Representatives of the prosecutor's office and the Ministry of Defense again tried to prove to the court that the agreement on the sale of property was illegal. However, their arguments paled against the background of strong counterarguments presented by the lawyers of Basko LLC.
Most of the meeting was devoted to discussing the legality of the power of attorney of the Ministry of Defense, on the basis of which the sale of the object was carried out — and this became another confirmation that the position of the military prosecutor's office and the Ministry of Defense in this matter is very shaky.
The plaintiff, once again, insisted that the head of the Central Department of the Ministry of Defense, Dmytro Isaenko, had no right to give permission to the director of the state-owned enterprise "Pivdenvoiskbud" to sell the object.
According to the military prosecutor, the mandate to sign such documents was canceled by the order of the Minister of Defense. In turn, the defendant's lawyers were able to clearly prove that the notarial power of attorney can be revoked only by contacting a notary, which was not done within the prescribed time limits.
All accusations against Basco that the company allegedly illegally acquired property were shattered by proven facts and arguments of lawyers who documented the legality of the purchase agreement.
At the same time, the prosecutor's office's claim that the property complex was illegally resold did not find any confirmation in the evidence presented at the hearing.
In general, the current court session showed that the prosecution's attempts to "revive" this case, trying to give it a new circulation, against the background of the absence of any evidence or arguments, look very, very strange.
After hearing the arguments of the parties, Judge Gut scheduled a new trial for March 7.
We hope that in the spring, based on the facts and documents, the court will make a just decision in this case.
