The Constitutional Court has refused to consider the constitution submission from President Viktor Yuschenko challenging the inclusion of the Odesa Portside Factory in Odesa region in the list of companies for privatization in 2009.
Acting Constitutional Court Chief Justice Dmytro Parfenenko announced this ahead of the privatization tender.
"Yesterday, the State Property Fund received an open letter from the Constitutional Court that the Constitutional Court has denied the president opening of the constitution submission on the ground of the presidential decree," Parfenenko said.
Parfenenko further said the State Property Fund has received explanations from the Justice Ministry saying that a court ruling banning the sale of the Odesa Portside Factory must be executed in compliance with the law on the ground of actions of the executive service.
At the same time, the executive service told the State Property Fund that the executive proceedings on a court ruling securing the lawsuit of Dniproazot had not been opened.
Thus, there are no legal obstacles for holding the privatization tender, Parfenenko said.
As Ukrainian News earlier reported, President Viktor Yuschenko believes the starting price of the Odesa Portside Factory in Odesa region was too low.
Yuschenko also said the privatization tender scheduled for September 29 would be unlawful. Prime Minister Yulia Tymoshenko said in her turn that the tender will be held successfully.
The State Property Fund has allowed the Azot-Servis Company registered in Russia, the Nortima Company, and the Frunze Flora Company to take part in the tender to purchase 99.567% of the shares of the Odesa Portside Factory.