18:01 14.04.2015

Court ruling on terminating joint activity contract between Illichivsk terminal, seaport illegal - lawyer

1 min read

KYIV. April 14 (Interfax-Ukraine) - Judicial decisions on the termination of a joint activity agreement signed between state enterprise Illichivsk Maritime Merchant Port and private enterprise Illichivsk Container Terminal in 2005 are illegal, according to managing partner of Asters law firm Oleksiy Didkovsky.

During a press conference held at Interfax-Ukraine he said that in 2013 the law on the seaports of Ukraine came into force, which provided for the establishment of the Ukrainian Sea Ports Authority and the transfer to the latter of part of the ports' property, including the property of Illichivsk seaport.

Didkovsky said that part of the property which was transferred from the port to the administration was the port's contribution to joint activity with Illichivsk Container Terminal, however the rights and obligations under joint activities agreements were not stipulated in the state enterprises' reorganization documents, and as a result this was used by the port as an indicator of significant change, i.e. the basis for terminating the contract.

The Economic Court of Odesa region subsequently satisfied the port's petition, while the Odesa Court of Appeals upheld the decision to terminate the contract.

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