of February 7, 2007 No. 31/215-06
About collection it is groundless the received means
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 19.04.2007 it is refused in to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
Nevdashenko L. P. - the chairman, Mikhaylyuka M. V., Dunayevskoy N. G. having considered in proceeding in open court in Kiev the writ of appeal of Open joint stock company "the Bolshevik Plant, Dnipropetrovsk, on the resolution of the Dnipropetrovsk Economic Court of Appeal of November 8, 2006 on case N31/215-06 of Economic court of the Dnipropetrovsk region on the claim of Open joint stock company "the Bolshevik Plant, Dnipropetrovsk, to Research and production private enterprise "Architectural Workshop of Alexey Kozolup", Dnipropetrovsk, about collection it is groundless the received means,
with the participation of agents of the parties:
claimant: - Wide S.V. (Dov. of 25.05.2006);
- Grudnisty A. V. (Dov. of 10.01.2007);
- Polikovskaya V. G. (director),
In June, 2006 the claimant - Open joint stock company "the Bolshevik Plant made in economic court the claim to the defendant to Research and production private enterprise "Architectural Workshop of Alexey Kozolup" about collection is groundless the received means.
Specified that on May 20, 2004 the payment order N247 he, as subscription under the agreement N63-04 FEAST, listed to the defendant money in the amount of 54 047 UAH 20 kopeks.
Referring to the fact that the agreement to which it is made a reference in case of money transfer to the defendant not was it is concluded between the parties because of default of agreement on all its essential conditions and on refusal of the defendant to return it is groundless the acquired means, the claimant asked to meet its requirements, to collect in its advantage from the defendant taking into account annual interest rates and inflation charges of 57 312 UAH 07 kopeks.
The decision of Economic court of the Dnipropetrovsk region of September 13, 2006 (the judge Moroz V. F.) satisfaction of the claim it is refused.
The decision is motivated by references to obtaining by the defendant of the means received from the claimant in the amount of 54 047 UAH 20 kopeks on accomplishment of conditions of the contract for production of scientific and technical documentation and lack of the bases signed between them to application of consequence in law which are provided by Art. 1212 of Civil Code of Ukraine.
The resolution of the Dnipropetrovsk Economic Court of Appeal of November 8, 2006 (board of judges in structure: V.G.predsedatelstvuyushchego, Lisenko O. M. head, L.V. Chokhi) the decision is left without changes.
In the writ of appeal the claimant asks to cancel judgments and the resolution on this case for the reasons of discrepancy to requirements of regulations of the material and procedural legislation and to make the new decision on satisfaction of its claims in full.
Having heard the speaker, agents of the parties, having checked correctness of application of regulations of substantive and procedural law, the judicial board of the Supreme Economic Court of Ukraine came to conclusion that the writ of appeal is not subject to satisfaction on the following bases.
According to the explanations of the Plenum of the Supreme Court of Ukraine stated in item 1 of the Resolution of 29.12.1976 to N11 "About the Judgment", the decision is legal when court, having fulfilled all requirements of the procedural legislation and having comprehensively checked circumstances, solved case according to regulations of the substantive right which are subject to application to these legal relationship.
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