Education institution recovers premises used as auto service
In Kyiv, a municipal professional education institution has recovered an educational workshop with a total area of approximately 400 square metres. This facility, located on Naberezhno-Korchuvatka Street, was previously leased out, but the tenants did not use it for its intended purpose and instead set up an automobile service station (car service).
Details of the lease dispute
The events began in February 2022. At that time, the Department of Municipal Property of the City of Kyiv, a private entrepreneur, and the Educational and Scientific Centre of Vocational and Technical Education of the National Academy of Pedagogical Sciences of Ukraine signed a lease agreement for the workshop of the Kyiv Vocational College. As noted by the Kyiv City Prosecutor's Office, instead of educational activities, the premises were effectively converted into a commercial facility for vehicle maintenance.
Legislative violations and court proceedings
The tenants' activities violated the requirements of the Law of Ukraine "On Education". The document strictly limits the use of real estate belonging to state and municipal educational institutions: such property cannot be involved in activities unrelated to the educational process. The only exception is leasing for the provision of services that the institution itself cannot provide with its own resources.
Due to the disregard for these norms, juvenile prosecutors of the Holosiivskyi District Prosecutor's Office initiated a court lawsuit to declare the lease agreement void. The Commercial Court supported the prosecution's position, cancelling the effect of the agreement and obliging the entrepreneur to vacate and return the non-residential premises to the educational institution.
Enforcement of the court decision
The first-instance decision was upheld by the Northern Appellate Commercial Court and the panel of judges of the Cassation Commercial Court, leaving it unchanged. The decision has now been enforced: the workshop was officially returned to the municipal institution, and the return of the real estate was documented in a handover act.
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