In 2015 the Izumrudnyi Recreation Park started to defend its interests: in March, the Altai Krai Administration sent a notice of termination for the land lease agreement aggravated by 10 decisions handed down by the Administration of Oktyabrsky District of Barnaul imposing administrative sanctions. Finally, by the Administration of Oktyabrsky District filed a claim to the Arbitration Court of Altai Krai to oblige the park to keep the park’s territory in a prescribed condition.
Our firm has dealt with all the abovementioned cases.
The cases were taken by a team of lawyers. Associate I. Kazantsev has represented the client’s interests in administrative disputes; following his arguments, the Oktyabrsky District Court of Barnaul annulled all ten decisions on administrative sanctions. The decisions were appealed before the Altai Krai Regional Court; however, the appeal court upheld our arguments.
In August, the park’s land lease contract termination was also denied for the General Administration of State Property. The Arbitration Court did not find substantial grounds to satisfy this claim. The validity of the court’s decision was subsequently confirmed by the appeal body by not satisfying the Administration’s appeal.
The main challenge was to obtain justice regarding keeping the park’s territory in the proper state. The Arbitration Court of Altai Krai ruled in favour of the Administration. Although the case materials did not contain a single document serving as evidence to prove the facts the Administration was referring to. However, the first instance court found the failure to act proven and obliged the park to remedy the alleged violation.
The Seventh Arbitration Court of Appeal was more compassionate to the park’s arguments. Among others, the appeal body faced a sensitive legal issue of whether the Administration has the power to initiate such litigations. We argued that the Administration was not eligible to do so.
Eventually, our appeal revoked the decision of the Arbitration Court of Altai Krai, and the Administration’s claim was rejected. It is also worth noting that the latter case established an important precedent at the level of Altai Krai that can later protect businesspeople from unreasonable encroachments of state bodies.