Reprivatization. 80 properties across Ukraine will be subject to "reprivatization" due to illegal sales dating back to 1992.
The court has seized 80 properties in various regions of Ukraine that belonged to trade unions and were illegally sold to private owners. This was reported by the press service. DBR, writes ZN.ua.
The investigation alleges that from 1992 to the present, officials of the Federation of Trade Unions and private joint-stock companies controlled by the Federation, by prior conspiracy of a group of individuals, formalized the alienation of resort and health resorts, sports and other state complexes.
Among the objects:
- hotels "Tourist" and "Druzhba" in Kyiv;
- sanatoriums "October" in Koncha-Zaspa;
- "Kuyalnik" in Odessa;
- "Morshinsky" in Lviv region;
- "Polyana" in Transcarpathia;
- sports complexes, including the building in which Kyiv Sport Club is located.
As part of a joint investigation with the Security Service of Ukraine, it was established that, beginning in 1992, employees of the Federation of Trade Unions of Ukraine and the joint-stock companies it controlled, formalized the alienation of resort, health, sports, and other state-owned complexes.
The property was transferred to the National Agency for the Identification, Search and Management of Assets Obtained from Corruption and Other Crimes (ARMA).
Let us recall that the idea to deal with the May trade unions not newIn 2012, the Ministry of Economic Development proposed recognizing all property held by public associations (organizations) as state property as of August 24, 1991.
This was preceded by 35 criminal cases and 147 lawsuits seeking the return of 45 properties and land plots totaling over 34 hectares, illegally withdrawn from state ownership by trade unions.
In 1994, the now deceased former head of the State Property Fund Valentina Semenyuk From the rostrum of the Verkhovna Rada, she said that privatization in Ukraine is taking place without the creation of a legislative framework and rules of the game.
In 2004, she wrote an article for ZN.UA in which she claimed that “There is no need to be afraid of a revision of the privatization results.".
To date, the most well-known examples of reprivatization in Ukraine were the return to state ownership of Kryvorizhstal OJSC, Nikopol Ferroalloy Plant OJSC (NFP), and Nikopol South Pipe Plant OJSC.
Although the discussion is about returning the said objects to state control, the concept of “reprivatization” does not exist in Ukrainian legislation.
Thus, the results of privatization may be reviewed in accordance with current Ukrainian legislation. The Law "On the Privatization of State Property" provides for the possibility and procedure for returning privatized property to the state, although this process is not explicitly referred to as "reprivatization."
According to Part 5 of Article 27 of the Law, at the request of one of the parties, the purchase and sale agreement may be terminated or declared invalid by a court decision in the event of failure by the other party to fulfill the obligations stipulated by the purchase and sale agreement within the specified timeframes.
Part 6 of Article 29 of the Law provides that violation of the privatization procedure established by law or the rights of buyers is grounds for recognizing the contract of sale of the privatization object as invalid.
Privatized property can be forcibly returned to the state only through legal proceedings.
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The Odessa sanatorium "Kuyalnik" was seized and handed over to ARMA.
The State Property Fund is putting the Kharkiv Transvyaz plant up for privatization.
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