on December 14, information agency "IrkutskMedia". the Representative by the rights of businessmen Irkutsk region Moskalenko Aleksey helped the businessman from Irkutsk to restore the terminated lease contract. In August, 2016 the individual entrepreneur addressed to the ombudsman and told that it signed the lease contract of the land plot with Administration of Irkutsk. In the territory of 32 sq.m the trade pavilion was placed with the businessman. Trade is family business and cancellation of the lease agreement meant loss of the income for all family. About it reports information agency "IrkutskMedia".
the Contract was signed by p from December, 2007 to November, 2008. Then the term of its action repeatedly lasted additional agreements. It agrees to the last of them the contract worked till August, 2011. After that the businessman continued to use the land plot and paid a rent. From the city hall of objections was not as according to the current legislation, the contract was considered renewed on former conditions for an indefinite term.
"However in December of last year City administration declared that the businessman fulfills in an inadequate way the duties. The businessman received the notice of contract cancellation unilaterally. The city hall demanded to release the land plot and to transfer it under the act prior to the beginning of March, 2016. The businessman counted actions of officials illegal" — reported in the press service of the business ombudsman Irkutsk region.
Experts of the device of the Representative carried out the legal analysis of the provided documents and found out that the notice of cancellation of the contract contains a number of inaccuracies. Legal grounds for unilateral cancellation of the contract were not. The city hall declared the claim to the businessman that it released the land plot.
Experts of the device of the business ombudsman participated in court as the third party. Experts considered that claim requirements of Administration of Irkutsk are not subject to satisfaction as and the city hall did not register the property right to this site in accordance with the established procedure, and the notice of cancellation of the lease contract is made in an inadequate way and contains references to clauses of the contract which in the contract are absent.
"During process Administration of Irkutsk did not begin to draw p on the requirements to the businessman. Thus, the rights of the businessman were restored. The businessman continues to use a site" — reported in the press service.
In the device of the Representative on protection of the rights of businessmen complaints that municipal authorities try to take down pavilions often arrive, ahead of schedule to stop lease contracts of the land plots. The problem is for Irkutsk region system. The device of the business ombudsman suggested to develop the regional law for her decision on regulation of trade activity in the non-stationary trade objects (NSTO). The bill establishes an order of formation, the statement and change of the scheme of placement of non-stationary trade objects, the bases of their exception of the scheme and an order of granting a compensation place. Also the bases of early cancellation of the contract for NTO placement are stated in the bill. Besides, in the document other norms are provided also. Similar laws are successfully used in other regions.