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of December 14, 2007 No. 01-8/973

About some questions of practice of application in resolution of disputes of separate regulations of procedural law

(as amended on on March 18, 2008)

The Supreme Economic Court of Ukraine, having performed generalization of questions on application in resolution of disputes of some regulations of procedural law, considers to bring expedient the legal line items on the specified questions to the attention of economic courts of Ukraine.

1. Cases on disputes on confutation of unreliable information in which parties are the faces specified in Article of 1 GPK belong to jurisdiction of economic courts.

1, of 12, of Item of 1 part one of Article 62 GPK were refused by economic court based on articles adoption of the action for declaration about protection of honor, advantage, goodwill and confutation of unreliable information for those motives that disputes on confutation of data are not subordinated to economic courts.

Cassation instance, having cancelled the corresponding judgment with case referral for consideration in Trial Court, specified, in particular, about it.

According to part one of Article 16 of the Civil code of Ukraine (further - the Civil Code of Ukraine) each person has the right to take a legal action behind protection of the personal non-property or property right and interest. The part two of this Article determines methods of protection of civil are right also interests.

Considering provisions of the specified regulation and the principle of dispositivity in economic legal proceedings the claimant has the right to freely choose methods of protection violated the right or the interest and, in particular, to determine the defendant in the requirements and so forth.

Thus the method of protection of its violated right chosen by the claimant on this case answers method which is established in Article 277 of Civil Code of Ukraine.

In Item 6 of the Resolution of the Plenum of the Supreme Court of Ukraine of 28.09.1990 No. 7 "About application of the legislation by courts which regulates protection of honor of advantage and goodwill of citizens and the organizations" is specified, in particular, that the physical person or legal entity which spread the information which discredits the claimant can be the defendant on the case of honor and dignity protection.

The companies and the organizations specified in Article of 1 GPK of Ukraine, including the company, organization, organization, other legal entities can be claimants and defendants in legal procedure in economic courts.

According to Article 2 GPK economic court initiate proceedings on actions for declaration, in particular, of the companies and the organizations which appeal to economic court behind protection of the rights and the interests protected by the law.

According to Article 12 GPK cases on disputes which arise in case of the conclusion, change, termination and accomplishment of economic agreements, including on privatization of property, and for other reasons, except for the disputes specified in paragraphs by second or pole of Item of 1 part one of this Article are subordinated to economic courts, in particular. At the same time disputes on confutation of unreliable information are not carried to number of such exceptions.


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