PUBLIC INTERESTS MUST ALSO BE TAKEN INTO ACCOUNT

The administration applied to the court for the transfer of social facilities to municipal ownership (case no. A41-18534/19).

The courts of two instances refused to satisfy the application, noting that the land plots on which the construction was carried out belonged to the debtor by right of ownership, and the municipal authorities did not participate in the execution of the agreement through financing or provision of municipal property. Moreover, the agreement defines a list of property transferred free of charge to municipal ownership, but the kindergarten and school are not included in the list.

The cassation sent the dispute for reconsideration, since the courts did not take into account that the finding of disputed real estate objects as part of the debtor's bankruptcy estate and their subsequent sale at auction pursues the sole purpose of satisfying creditors' claims, that is, resolving the dispute in favor of private law interests, but calls into question the possibility of realizing public interests.

The administration pursues the public interest in order to preserve the intended purpose of the land plot. In this regard, the administration's arguments that the disputed land plot was included in the debtor's bankruptcy estate in the absence of legitimate grounds, including taking into account the results of investment activities, as well as taking into account the legal regulation in the field of this type of activity, deserved the attention of the courts and were subject to verification.