By decision of March 27 , the Economic Court of the Zaporizhzhia Region refused the Tokmak District Council to recognize the right of joint co-ownership and demand property from the FOP Panfilova Oksana Valeriivna and FOP Kolesnikov Vladyslav Mykolayovych.
According to the case file, in 2014, the Tokmak City Council entered into a purchase and sale agreement with the FOP Oksana Valeriivna Panfilova and the FOP Vladyslav Mykolayovych Kolesnikov on the street. Revolutionary, 55Р/1 and 55Р/2, subject to sale by redemption. Thus, entrepreneurs purchased non-residential premises with a corresponding area of 622 square meters. m. and 11.2 square meters. m. and costing 230,000 UAH and 23,000 UAH.
However, already in 2017, the city council decided to cancel some of its decisions due to their non-compliance with the requirements of the law “On Local Self-Government in Ukraine”. Thus, the clause of the decision of 1992 regarding the distribution of communal property of the Tokmak City Council and the clause of the decision of 2007 regarding the clarification of the list of objects of common and communal property were canceled. Both decisions concerned, in particular, property transferred to entrepreneurs.
Based on this, the representatives of the Tokmak District Council filed a lawsuit with the court to recognize the right of joint co-ownership and claim property from the possession of entrepreneurs.
However, the court refused them, because the owner can claim the property only if it was lost, stolen, it left the recipient’s property against his will, or when it was unjustifiably acquired from a person who did not have the right to alienate it. In addition, the contracts under which the property was transferred to entrepreneurs were not challenged and are valid. The decision of the City Council from 2014 regarding the list of property to be privatized is also valid.
In addition, in the annex to the decision of the city council on clarifying the list of jointly owned objects, there are no objects at the indicated address, but only the street is indicated. Revolyutsiyna, 55, behind which the Tokmak Central District Hospital is located. Therefore, none of the premises sold belonged to Tokmak District Council.
As indicated in the mass media, Oksana Panfilova is the daughter of Olga Panfilova, the former deputy mayor of Tokmok Igor Kotelevskyi and assistant consultant to Zaporizhia Regional Council deputy from the “Opposition Bloc” Oleksandr Repkin. And purchased premises with an area of 622 square meters. m. is a food block of the district hospital.
In addition, before privatization, the premises were taken from the balance sheet of the CU “Tokmack Central District Hospital” and transferred to the balance sheet of the KP “Misky Rynok”, and separate postal numbers were also provided.
Vladyslav Kolesnikov is the husband of Olga Kolesnikova, a legal adviser of the legal department of the executive committee of the Tokmak City Council. In her declaration , Vladyslav Kolesnikov described the built-in non-residential premises with an area of 11.2 square meters. m.
In addition, before the privatization of the premises