Court Satisfied Claim for Cathedral Mosque in Full

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"We insisted that these decisions of the city council are illegal. The court, in its turn, agreed with position of the SMMC and satisfied the claim in full", H.Mamutova stated
11/06/2010
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The Economic court of Crimea satisfied in full the statement of claim for allocation in Akmesdzhit of the land area under building of the Cathedral mosque, taking into account additions which were brought from the side of the Spiritual Management of Muslims of Crimea. About it the news agency QHA informed the lawyer representing in court the SMMC, Hatidzhe Mamutova.

She noticed that additions concerned cancellations of the decision of the city council of Simfropol, which were accepted in 2008. According to these decisions, the site of the Cathedral mosque was offered to be transferred on Lugovaya street, 6 (Simferopol) and to break on the land area located at Yaltinskaya street, 22, "Yubileyniy" park.

"We insisted that these decisions of the city council are illegal. The court, in its turn, agreed with position of the SMMC and satisfied the claim in full", H.Mamutova stated.

As she said, the Spiritual Management was compelled to go through judicial instances as all necessary documents on the land area allocation under the Cathedral mosque building were prepared and all procedures were observed.

"However some political forces least of all wanted stability. Probably, in this issue were also present commercial interests as the given land area is on such place which can be considered as city collars", the lawyer marks.

Besides, H.Mamutova informed that if the city council will not appeal against the decision of the Economic court of Crimea and it remains in force, local authorities should conclude with the SMMC the rent contract.

"If the City Council will not carry out this requirement, in the decision there are instructions which provide, in a case of not conclusion of the contract of rent, contract coming into force in edition of the claimant", Mamutova emphasized.

As the lawyer noticed, in case of voluntary default by the respondent of the judgment, the SMMC should pass a circle of registration of the contract and bring into corresponding registers, and only after that to start building.

"It is still unknown in what way the power will behave. Earlier they did everything that this contract was not registered and hindered at each stage of the process of official registration of papers. We have no levers, except the legal. Therefore, if the city power ignores the court decision we will address further into the Office of Public Prosecutor, courts, etc. But while there is a question, whether the city council will appeal against the decision of the Economic court of Crimea or not", Mamutova summarized.

Let us remind, in 2004 session of the Simferopol City Council accepted the decision on the coordination to the Spiritual Management of Muslims of Crimea the location and the sizes of the land area for building of the Cathedral mosque at Yaltinskaya street, 22. However later the deputies refused in allocation of the land area to the specified address. In 2008 they co-coordinated the mosque location on an area along the Lugovaya street, 6, and in February of the same year the Simferopol City Council recognized the land area at Yaltinskaya street, 22, and a zone adjoining to it as forest-park.

On April, 29th, this year, the mayor of the city of Simferopol, Gennady Babenko, declared that the decision on land area allocation under building of the Cathedral mosque around the Yaltinskaya street, 22, is in the preparation stage.

By QHA

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