The Office of Capital Construction (UKS) filed a lawsuit to collect debts for performing work in the Arbitration Court of the region. Having studied the materials presented, the judge on the basis of Art. 150 APC of the Russian Federation refused to accept the statement of claim. He justified his decision by the fact that Art. 28 of the Arbitration Procedure Code of the Russian Federation establishes that the arbitration court is subject to disputes only with the participation of legal entities and individual entrepreneurs, and the UKS does not have a certificate of state registration as a legal entity.
Give a reasoned opinion on the decision of the judge.
Option. UKS was established in 1959 by a resolution of the Government of the USSR as a structural unit of the regional executive committee. The Regulation on the UKS does not refer to the fact that it is a legal entity. At the time the lawsuit was filed, UKS had its own bank account, drafted and presented an independent balance sheet to state bodies, had a seal. In addition, the UKS was registered as a taxpayer with the state tax inspectorate, and statistics codes were assigned to it at the regional committee.
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