of January 23, 2007 No. 19/37
About recognition invalid purchase and sale agreements
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 15.03.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
Udovichenko O. S. - the chairman Panova I. Yu., Handurina
M. I. having considered writs of appeal of Nftezashchita Limited liability company, Vlad Limited liability company, Alfimov V. V., V. I., Sinelnikov V. V., Oksyuta M. B., Litvinenko M. V. Cymbals on the resolution of the Kiev Economic Court of Appeal of 13.10.2006 on case N19/37 of economic court of Kiev on the claim of Neftezashchita Limited liability company to Neftezashchita Ukraine Limited liability company about recognition invalid purchase and sale agreements in the claim of Vlad Limited liability company to
1. To Neftezashchita limited liability company
2. To Neftezashchita Ukraine limited liability company about recognition invalid purchase and sale agreements with the participation of agents of the parties: from Neftezashchita LLC - Koval V. V. from Neftezashchita Ukraina LLC - Bunechka V. I. applicants of the writ of appeal: Koval V. V., Alfimov V. V., Oksyuta M. B.
The decision of Economic court of Kiev of 14.07.2006 on case N19/37 (the judge Koloti of N. F.) satisfaction of the claim to 3rd person with independent requirements regarding dispute - Vlad LLC is refused, proceeedings in the claim of Neftezashchita LLC are stopped based on item 4 of Art. 80 of the Economic Procedure Code of Ukraine.
The resolution of the Kiev Economic Court of Appeal of 13.10.2006 on case N19/37 (judges: Andriyenko V. V., Maletich M. M., Studenets V. I.) the decision of economic court of the city of Kiev of 14.07.2006 on case N19/37 is left without changes, and the petition for appeal of Vlad Limited liability company - without satisfaction.
Without agreeing with the specified resolution of Economic Court of Appeal, Neftezashchita Limited liability company, Vlad Limited liability company, Alfimov V. V., Cymbals V. I., Sinelnikov V. V., Oksyuta M. B., Litvinenko M. V. appealed to the Supreme Economic Court of Ukraine with writs of appeal.
The writ of appeal of Vlad LLC is motivated with the fact that Vlad LLC is member of Neftezashchita LLC and owns 40% of its authorized fund that the appealed purchase and sale agreements of vehicles were signed without the consent of members of Neftezashchita LLC and also owing to alienation of disputable property the debtor of Neftezashchita LLC - in insolvency proceedings has no property for satisfaction of requirements of creditors.
According to requirements of the p. 3 of Art. 215 of Civil Code of Ukraine if invalidity of the title document is directly not established by the law, but one of the parties, or other interested person denies its reality on the bases established by the law, such title document can be nullified by court (the challenged title document).
Decisions of the courts of the previous instances are made with violation of regulations of substantive and procedural law.
The applicant of the writ of appeal - Vlad LLC asks to cancel the court order of appellate instance and the decision of economic court and to make the new decision as which to recognize invalid prisoners between Neftezashchita LLC and Neftezashchita Ukraina LLC purchase and sale agreements of 26 cars.
Appeal to the court of cassation instance with the claim Alfimov V. V., Cymbals V. I., Sinelnikov V. V., Oksyuta M. B., Litvinenko M. V. motivated with the fact that applicants submit the application based on Art. 52 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" about opening of proceeedings about bankruptcy of Neftezashchita LLC, in connection with failure to pay by the debtor to the specified physical persons of wages payable which are collected on the judgments.
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