of August 2, 2002 No. 4/14PD
About recognition invalid agreements on provision of transport services based on Art. 48 of Civil Code of Ukraine
Supreme Economic Court of Ukraine
ESTABLISHED:
The decision of local economic court is left by the resolution of the Donetsk Economic Court of Appeal of 09.04.2002 without changes for the same motives.
In the writ of appeal the claimant asks to cancel the judgments made on case and to make the new decision on satisfaction of the claim, referring to the wrong application of the previous instances of item 11 of Art. 10 of the Law of Ukraine by courts "About public service in Ukraine", Art. 48 of Civil Code of Ukraine and violation of Art. 35 of the Economic Procedure Code of Ukraine.
The parties did not exercise procedural law on participation in judicial session of cassation instance.
Having checked completeness of establishment of the facts of the case and correctness of their legal evaluation in the decision and the resolution, the board of judges of the Supreme Economic Court of Ukraine comes to the conclusion that the writ of appeal is not subject to satisfaction.
Being guided by Articles 111-5, 111-7, of item 1 of Art. 111-9, of Art. 111-11 of the Economic Procedure Code of Ukraine, the Supreme Economic Court of Ukraine
DECIDED:
writ of appeal of the Alchevsk ODP? leave without satisfaction, and the resolution of the Donetsk Economic Court of Appeal of 09.04.2002 in N4/14PD - without changes.
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