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ECONOMIC PROCEDURE CODE OF UKRAINE

of November 6, 1991 No. 1798-XII

(The last edition from 02-10-2019)

Section I General provisions

Chapter 1. Basic provisions

Article 1. Purpose of the Economic Procedure Code of Ukraine

1. The economic Procedure Code of Ukraine determines jurisdiction and powers of economic courts, establishes legal proceedings procedure in economic courts.

Article 2. Tasks and basic principles of economic legal proceedings

1. Task of economic legal proceedings is fair, impartial and timely permission court of the disputes connected with implementation of economic activity, and consideration of other cases referred to jurisdiction of economic court, for the purpose of protection broken, the unrecognized or disputed rights and legitimate interests of physical persons and legal entities, the state.

2. Court and participants of legal procedure shall be guided by task of economic legal proceedings which prevail over any other reasons in legal procedure.

3. The main beginnings (principles) of economic legal proceedings are:

1) supremacy of law;

2) equality of all participants of legal procedure before the law and court;

3) publicity and openness of legal procedure and its complete fixation by technical means;

4) competitiveness of the parties;

5) dispositivity;

6) proportionality;

7) obligation of the judgment;

8) providing right to appeal reconsideration of the case;

9) providing the right to cassation appeal of the judgment in the cases determined by the law;

10) rationality of terms of consideration of the case by court;

11) inadmissibility of abuse of procedural law;

12) compensation of court costs of the party for benefit of which the judgment is made.

Article 3. Legislation on economic legal proceedings

2. If the international treaty of Ukraine establishes other rules of practice, than those which are provided by this Code, other laws of Ukraine are applied rules of the international treaty.

3. Legal proceedings in economic courts are performed according to the law existing for the period of making of separate legal proceeding, consideration and permission of case.

4. The supreme court concerning intellectual property considers the cases referred to its competence, according to the procedure, provided by this Code.

Article 4. Right to the appeal to Economic court

1. The right to the appeal to economic court in the procedure established by this Code is guaranteed. Nobody can be deprived of the right to consideration of its case in economic court to which jurisdiction it is carried by the law.

2. The legal entities and physical persons entrepreneurs, physical persons who are not entrepreneurs, state bodies local government bodies have the right to the appeal to economic court behind protection of the broken, unrecognized or disputed rights and legitimate interests in the cases referred by the law to jurisdiction of economic court, and also for acceptance provided by the law of the measures directed to prevention of offenses.

3. In economic court on the cases referred by the law to its jurisdiction have the right to address also persons who by the law are granted the right to take a legal action for the benefit of other persons.

4. The disclaimer on the appeal to economic court is invalid.

5. The agreement of the parties on transfer of dispute for consideration of reference tribunal (the international commercial arbitration) is allowed.

Any dispute which conforms to the requirements determined by the legislation of Ukraine on the international commercial arbitration except the cases determined by the law can be by agreement of the parties transferred to the international commercial arbitration.

Any dispute arising from civil or economic legal relationship except the cases provided by the law can be by agreement of the parties transferred to reference tribunal.

6. Any person cannot be deprived of the participation right in consideration of the case in the procedure determined by the law.

Article 5. Methods of judicial protection

1. Performing justice, the economic court protects the rights and interests of physical persons and legal entities, the state and public concerns by the method defined by the law or the agreement.

2. If the law or the agreement do not determine the effective method of protection violated the right or the interest of person which took a legal action court agrees to the requirement of such person stated in the claim can determine such method of protection which does not contradict the law in the decision.

Article 6. Single judicial information and telecommunication system

1. In economic courts the Single judicial information and telecommunication system functions.

2. Claim and other statements, claims and other procedural documents provided by the law which are filed to economic court and can be subject of legal proceedings, according to the procedure of their receipt are subject to obligatory registration in Single judicial information and telecommunication system in day of receipt of documents.

3. Determination of the judge or board of judges (judge-speaker) for consideration of specific case is performed by Single judicial information and telecommunication system according to the procedure, determined by this Code (the automated distribution of cases).

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