LAND USE

The Arbitration Court declared void a lease contract on a land plot located within the easement of the railway executed between the State Unitarian Enterprise October Railway and a joint stock company and satisfied the claim of the City Property Management Committee of St. Petersburg (KUGI) on applying the consequences of the void deal.

The claim of the KUGI was satisfied on the grounds of the absence of the right of the land owner to sublease the land plot which was allocated to him with the right of perpetual (unlimited) use.

In its appeal the October Railway requested to reverse the decision of the Arbitration Court of St. Petersburg and Leningrad Oblast dated 25 May, 1998.

After the case was heard in the court of appeal and review, it was decided to dismiss the complaint. The argument stated in the position paper of the KUGI in connection with the claim and explaining the absence of the right of the land owner to dispose of the land plot which was allocated to him with the right of perpetual (unlimited) use were included into the rationale of the court decision practically unchanged

Juridical Practice:

The Position Paper of the KUGI and the Decision of the Arbitration Court of the Northwest District (Russian)