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RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of March 2, 2006 No. 40/251-05

About return of material values, money recovery

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 27.04.2006 it is refused to open productions on review)

The Supreme Economic Court of Ukraine as a part of board of judges:

the chairman is judges Derepy of V. I.

judges: Greek B.M. - (the speaker on case), Stratiyenko L. V. having considered in proceeding in open court the writ of appeal of the State committee of Ukraine on the state material reserve on the resolution of the Kharkiv Economic Court of Appeal of 20.12.05 on case N40/251-05 of economic court of the Kharkiv region on the claim of the State committee of Ukraine on the state material reserve to Kharkiv CHPP-5 Open joint stock company about return of material values, collection 26870782, of 28 UAH.

with the assistance of representatives from:

The claimant - Mikhaylenko V. V. (Dov. of 19:07. 05)

The defendant - Artyukh Yu. V. (Dov. of 18:06. 03)

ESTABLISHED:

The state committee of Ukraine appealed to economic court of the Kharkiv region with the claim for return of material values by Kharkiv CHPP-5 Open joint stock company, collection from it of payment for occupation on the amount 5887154, of 00 UAH and penalties on the amount 20983, of 28 UAH based on article 14 of the Law of Ukraine "About the state material reserve".

Decision of economic court of the Kharkiv region of 15.07.05 (judge Hotenets P. V.) claims are satisfied partially: for benefit of the State committee on the state material reserve of Ukraine to exact from JSC Kharkiv CHPP-5 4347436, 80 UAH; the decision postponing of execution is granted till 01:06 to the defendant. 06, payment by installments of accomplishment of the decision for 48 months is provided to the defendant, to carry out collection since January, 2006 monthly in the amount of 90571, 60 UAH, to exact from the defendant for benefit of the Government budget of Ukraine 25000 UAH of the state fee and 118 UAH of expenses on information technical supply of legal procedure. Regarding collection 1539717, 20 UAH are refused satisfaction of claims, in other part of claims of proceeedings is stopped. The decision is proved by the fact that regarding collection of monthly payment for use of the borrowed natural gas from January, 2000 till June, 2001 in the amount of 1539717, of 20 UAH it is necessary to refuse in connection with the omission of term of limitation period, regarding return to the State material reserve of 64694000 cubic of natural gas and collection from the defendant 18114320, 00 UAH of penalty and the 2nd 869308, 28 UAH proceeedings should be stopped, claims about debt collection in the amount 4347436, 80 UAH. Are the reasonable, legal, confirmed case papers and such which are subject to satisfaction.

By result of reconsideration of the case in appeal procedure the Kharkiv Appeal Court (board of judges in structure: chief judge Babakova L. M., judges: Istomina O. A., Pogrebnyak V. Ya.) the decree by which the decision of local economic court is changed is issued: the claim it is refused completely. The resolution is motivated that for reclamation at the defendant of property and for collection of debt from it the claimant passed the term of limitation period. As for collection of payment for use of gas after approach of term of its return, the court specified that such payment is not established and therefore is not subject to collection.

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