of January 11, 2007 No. 34/54pd
About recognition invalid economic obligation
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 29.03.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
chairman: Greyts K. V.,
judges: Bakulina S. V., Glaus O. I.
having considered in proceeding in open court materials of the writ of appeal of Briket Open joint stock company on the resolution of 23.11.2006 of the Donetsk Economic Court of Appeal in the matter of N34/54pd of economic court of Donetsk region in the claim of the prosecutor of the Petrovsky district of Donetsk for the benefit of the state on behalf of the State tax authorities in the Petrovsky district of Donetsk to
1. JSC Briket;
2. To Lyukros private enterprise
about recognition invalid the economic obligation which arose and is executed based on the contract between defendants for the amount 14260, of 20 UAH.
representatives took part in judicial session:
from the claimant: Vindilovich T. G. (the power of attorney of 09.01.2007 N153/10/10-013)
from the defendant-1: Plaskon A.YU. (the power of attorney of 21.11.2006 N11/624)
from the defendant-2: were not
In March, 2006 the prosecutor of the Petrovsky district of Donetsk appealed to Economic court of Donetsk region with the action for declaration for the benefit of the state on behalf of the State tax authorities in the Petrovsky district of Donetsk to defendants of JSC Briket and software of Lyukros" about recognition invalid the economic obligation made on purpose which contradicts interests of the state and society which arose and is executed based on the agreement, and also collection with JSC Briket in the income of the state received under the controversial agreement and collection with "software of Lyukros" for benefit of Briket LLC of money in the amount of 14260, of 60 UAH.
The decision of Economic court of Donetsk region of 31.08.2006 left without changes by the resolution of the Donetsk Economic Court of Appeal of 23.11.2006, the claim is satisfied partially. Courts considered dispute, being guided by regulations of the Economic Procedure Code of Ukraine.
Court resolutions are motivated with the fact that the claimant proves the bases for adoption of the judgment on recognition invalid the economic obligation as it which is made on purpose which contradicts interests of the state and society which arose based on the agreement signed between "software of Lyukros" and JSC Briket on the amount 14260, of 60 UAH.
In the writ of appeal JSC Briket refers to violation of the previous instances of regulations of substantive and procedural law by courts, and asks judgments to cancel and make the new decision in which to refuse satisfaction of claims.
The claimant did not send response to the writ of appeal.
Having heard explanations according to the writ of appeal of the defendant's representative who supported the arguments stated in it, objections on the writ of appeal of the representative of the claimant, having checked correctness of application of regulations of procedural law by local economic court and Economic Court of Appeal, the board of judges of the Supreme Economic Court of Ukraine comes to conclusion that the writ of appeal is subject to partial satisfaction, considering the following.
According to article 207 of the Economic code of Ukraine it is determined that the economic obligation which does not meet the requirements of the law or is made on purpose, obviously contradicting interests of the state and society, or it is concluded by participants of the economic relations with violation at least by one of them of economic competence (special legal personality), can be on demand one of the parties, or relevant organ of the government it is nullified by court completely or in part.
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