A limited liability partnership (created on the basis of the lease of the property of a state enterprise and bought it) turned to the arbitration court with a claim to the territorial property management agency for coercion to enter into a lease agreement for non-residential premises. The claimant supported his demands with references to paragraph 5.14.6 of the State privatization program of state and municipal enterprises in the Russian Federation (approved by presidential decree No. 2284 of December 24, 1993), according to which such a partnership has the exclusive right lease (for a period of at least 15 years) of buildings, structures, non-residential premises that it rented or actually owned, used in the process of statutory activities.
As can be seen from the documents submitted to the arbitration court, the partnership was formed by members of the labor collective of the leased enterprise for the repurchase of the leased property in accordance with the requirements of paragraph 5 of the Decree of the President of the Russian Federation of October 14, 1992 № 1230 and privatization of property of state and municipal enterprises, leased ”. The building in which the leased enterprise was located was not included in the purchase of the property.
The territorial property management agency refused to enter into a lease agreement for non-residential premises, citing the fact that the LLP did not acquire the right to lease the disputed premises, since some of the members of the workforce of the leased enterprise did not become part of the founders of the partnership.
Is the partnership claim subject to satisfaction? What acts of legislation on privatization should be guided when considering a statement of claim?
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