22 July 2026
(PHOTO: Collage by Intent)
The court overturned the ruling ordering a second expert assessment of the buildings on the former estate at 85 Frantsuzsky Boulevard in Odessa, known as the Ashkenazi dacha, which are leased by Herodot LLC.
This is stated in a ruling by the Southwestern Commercial Court of Appeals.
The Regional Council’s Department of Property Relations filed a lawsuit with the Odessa Regional Commercial Court against “Herodotus” LLC seeking termination of the contract of sale for the property at 85 Frantsuzsky Boulevard, No. 85, dated August 11, 2015, to reclaim the property, and to impose a fine.
The plaintiff asserts that the company failed to fulfill its obligations under the contract and the maintenance agreement regarding the performance of emergency, repair, and restoration work on the cultural heritage site, as a result of which the property is in poor technical condition.
As part of the case, the court of first instance ordered a construction and technical expert examination, which was conducted by the Odessa Research Institute of Forensic Expertise.
Located at 85 Frantsuzsky Boulevard in Odessa is a unique structure—the Ashkenazi Villa. This majestic, palace-like building is situated on the grounds of the Chkalov Sanatorium.
It was built by architect Vikentiy Prokhaska between 1901 and 1910 for the well-known Ashkenazi banking family.
As reported by the media in the 1990s, a technical error was made in the registration documents—the mansion at 85 Frantsuzsky Boulevard was listed as the “Marazli Villa.”
An expert report issued in August 2025 determined, in particular, that Building No. “B” is in a state of disrepair, and that the priority emergency, repair, and restoration measures were not carried out within the timeframes specified in the contract.
In March 2026, “Herodotus” LLC filed a motion requesting a re-examination, citing the incompleteness, inconsistency, and lack of justification in the initial expert opinion. The Commercial Court of Odesa Oblast partially granted this motion, ordering a re-examination by the Kyiv Scientific Research Institute of Forensic Expertise and suspending proceedings in the case.
The Odesa Regional Council appealed this ruling, noting that the proceedings had been ongoing for more than two years and that the procedural deadlines had been exceeded by more than 21 months.
The panel of judges agreed with the appellant’s arguments and found that there were no grounds for ordering a re-examination.
The court noted that the question of the building’s status as a cultural heritage site is a legal matter and does not require the specialized knowledge of an expert. According to the panel’s conclusion, the incompleteness of certain responses was due to the absence of necessary documentation in the case file, rather than to deficiencies in the expert examination itself.
The Court of Appeals emphasized that a prolonged and unjustified suspension of proceedings violates the right to have a case heard within a reasonable time, as guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Following the review, the court overturned the first-instance ruling ordering a repeat expert examination, denied the corresponding motion filed by Herodot LLC, and remanded the case to the Commercial Court of Odesa Oblast for further consideration on the merits.
The ruling took legal effect on the date of its adoption and is not subject to cassation appeal.
Ірина Глухова