Judge of the Commercial Court of Volyn Oblast Mykola Shum justified his decision by stating that the lawsuit was filed in the interests of the state, specifically in the person of the Ministry of Culture and Tourism. However, the premises belong to the communal property of the city, and "at the constitutional level, communal property is fundamentally separated from state property. Communal property is not part of state property...," – states the reasoning part of the court decision.
"Since the court has established that the interests of the state in the person of the Ministry of Culture and Tourism of Ukraine are not violated in this case, and the prosecutor is not entitled to file lawsuits in the interests of state communal enterprises, guided by clause 1 of Article 81 of the Commercial Procedural Code of Ukraine, the commercial court ruled to leave the lawsuit without consideration," – states the operative part of the decision.
The labor collective of the communal enterprise "Lutsk Children's Music School No. 1," part of whose premises measuring 287 square meters was privatized without its consent, disagreed with this court decision. Its representatives stated that they would go all the way and would prepare a new lawsuit – now on behalf of the labor collective.
Recall that the prosecutor of Lutsk asked the court to recognize as illegal and cancel decision No. 18/5 of the Lutsk City Council dated 16.07.2004, as well as to recognize as invalid the purchase and sale agreement dated 07.09.2004.
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In Lutsk, hearings have begun in the case regarding the privatization of part of the premises of the music school