Privatization of property of state agricultural enterprises was carried out by making open joint-stock ventures out of them on conditions and in according to the current legislation of Ukraine (Law of Ukraine “On the features of privatization of property in an agro-industrial complex”).

Dividing into parts of land of agricultural joint-stock companies takes occurs according to the requirements of the Land code of Ukraine, Law of Ukraine “About the order of giving of lands to the proprietors of the land stakes (shares)”.

Habitants of villages Schastlyve and Gora of the Borispil district, proprietors of the land stakes, in accordance with legal acts received the property rights on land shares.

This March judge of the Borispil regional court Korniets’ M.I. cancelled the registration of state acts for land according the row of lawsuits of shareholders of open joint-stock venture “Breeding factory of “Bortnichi” to the Borispil regional department of the land resources of the Kiev area and Borispil regional department of Kiev regional branch of the State enterprise “Center of the State land cadastre at Derzhkomzem of Ukraine” about recognition of the actions of subjects of authority as illegal.

Due to this action 541 inhabitants of villages Gora and Schastlyve were deprived from the property right even being not engaged in a court! It is almost 2000 hectares of land of the agricultural purpose. According to the materials the judge of Borispil regional court needed 45 minutes only to make the corresponding decision to conduct the judicial meeting, visit a deliberative room and make “unbiased” decision. This shows that decision was prepared by the judge in advance, what violates the secret of deliberative room rudely.

Besides, despite current legislation, a court explained the decision on the basis of proofs which were not requested in the corresponding public organs and were not checked on authenticity. And it is meant that case was examined in a complete mystery for all: proprietors of lands of lots, representatives of Schaslyve and Gora village soviets, Borispil regional state administration. It is obvious, that a judge violated such principles of the legal proceeding, as rivalry of sides and official investigation of all circumstances of case.

Peasants knew about the illegal decisions of judge only after the build works began on their land. Decisions of Mr Korniets’ were appealed by the proprietors of land, Borispil district state administration. Prosecutor of the Kyiv area is also on the side of deceived citizens that were deprived from the property right on lands. Finally, on August, 16 this year the first victory in this case took place, the Kyiv appeal administrative court renewed a term on the appeal of decisions of judge Korniets’ M.I. by peasants and they were allowed to participate in case.

31 of August, became a new landmark in this case, in fact exactly today Kyiv appeal administrative court made three from four decision in cases according to deprivation of right of ownership of habitants of villages Schastlyve and Gora of the Borispil region according the lawsuits of shareholders of open joint-stock venture “Breeding factory of “Bortnichi”. Court abolished the illegal decisions of the Borispil regional court and realization in matters is closed.

This event is the example of existence of honest representatives of judge corps, their ability to make responsible and unbiased decisions. Although it is obvious that these decisions of courts do not put a final point in defending by peasants their rights for land, but hope that soon this case will be ended, when justice will win the corrupted and fraud, and common peasant will win the powerful oligarchic group, and the scheme of misappropriation of land will appear incapacitated.

Sergiy Mischenko, candidate in deputies of Ukraine on extraordinary elections in Verkhovna Rada of Ukraine 30.09.07 from Block of “Yulia Tymoshenko”, representative of habitants of villages Schastlyve and Gora on administrative business