of January 10, 2007 No. 14/202
About collection of penalties
(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:
The god V.S. - the chairman,
Kostenko T. F., Korobenko G. P.
having considered the writ of appeal of JSC Yenakiieve Steel Works on the resolution of 16.10.2006. The Donetsk Economic Court of Appeal in the matter of economic court of Donetsk region in the claim of General Freyt Kargo LLC to JSC Yenakiieve Steel Works about collection of penalties in the amount of 40000 UAH,
representatives took part in judicial session:
claimant: Legostayeva M. I. (Dov. of 09.01.07 N 02),
defendant: Tominsk N.M. (Dov. of 29.12.06 N73/5/51),
Of 21.08.06 of economic court of Donetsk region the claim is satisfied with the decision partially. Penalties in the amount of 1000 UAH, 4 UAH of the state fee, 2, of 95 UAH of expenses on information technical supply of legal procedure are levied from JSC Enakiivsky Steel Works for benefit of General Freyt Kargo LLC. Claims regarding collection of penalties in the amount of 39 000 UAH it is refused. Of 16.10.06 of the Donetsk Economic Court of Appeal the decision stated above is cancelled by the resolution partially. The claim is satisfied in full.
Without agreeing with the resolution of the Donetsk Economic Court of Appeal, JSC Yenakiieve Steel Works appealed to the Supreme Economic Court of Ukraine with the writ of appeal and asks it to cancel, considering violation of regulations of substantive and procedural law by courts, and also incorrect assessment of the facts of the case, decisions of local economic court on this case to leave without changes.
Board of judges, in view of borders of reconsideration of the case in cassation instance, having analysed based on the actual facts of the case application of regulations of substantive and procedural law in case of acceptance of the challenged court resolution, finds necessary to refuse satisfaction of the writ of appeal.
As it is established by degrees of jurisdiction which made the decision on this case, according to the agreement order NDI/038/2302302 of 12.08.2003 on provision of forwarding services in transportation of goods by road transport in the international message concluded between JSC Yenakiieve Steel Works and General Freyt Kargo LLC the last undertook obligations to provide services in the organization of transportation by hired load carrying transport according to the current legislation of Ukraine of requirements of international conventions and agreements in the field of international carriages.
Based on the requests of General Freyt Kargo LLC approved between the parties provided to the defendant services in the organization of transportation of goods by the message St. Petersburg - Yenakiieve.
According to requests of JSC Yenakiieve Steel Works were provided to General Freyt Kargo LLC: 22.12.2005 DAF car state N14747 AP/10965; 22.12.2005 Volvo car State NBB 0928 AE/BB 1624 XX; 26.12.2005 the MAN car the state NAH 5413 AC/28389 EA, 26.12.2005, was also provided special railway vehicles for transportation of off-gage loads the state N02663/CA/03322 CB for loading to St. Petersburg. The specified cars with freight of profit of 30.12.2005 to the multilateral check point of Troyebortne of the Bryansk customs of the Federal Customs Service of the Central customs authority of the Russian Federation.
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