RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 17, 2007

About duty to satisfy terms of the contract

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of July 05, 2007 it is refused to open production on review)

Case No. 05/210-06

NAME OF UKRAINE

The Supreme Economic Court of Ukraine as a part of board of judges:

the chairman, the judge - Stratiyenko L. V.

judges: Greek B.M., T.P's Trump.

having considered the writ of appeal of Megabank open joint stock company in proceeding in open court

on determination of economic court of the Kharkiv region of 05.02.2007 and the resolution of the Kharkiv Economic Court of Appeal of 21.03.2007

on case N05/210-06

in the claim of limited liability company "Vostok

to Megabank open joint stock company

the third party - Shepetovsky Plant of Cultivators open joint stock company

about duty to satisfy terms of the contract

with the participation of agents of the parties:

from the claimant - was not

the defendant - was not

the third party - was not

ESTABLISHED:

The determination of economic court of the Kharkiv region of February 5, 2007 (the judge V. Olshanchenko, V. Hachatryan, L. Sharko) left without changes by the resolution of the Kharkiv Economic Court of Appeal of March 21, 2007 (the judge V. Afanasyev, A. Bukhan, O. Shevel) returns the counter action for declaration of Megabank open joint stock company based on Items 4, of the 6th Article 63 of the Economic Procedure Code of Ukraine.

In the writ of appeal Megabank open joint stock company, without agreeing with the court acts adopted on case, asks them to cancel, referring to the wrong application of regulations of procedural law.

Having considered case papers and arguments of the writ of appeal, having checked correctness of application by economic court of the Kharkiv region and the Kharkiv Economic Court of Appeal of regulations of procedural law in the decision of this dispute, the board of judges considers necessary the writ of appeal to leave without satisfaction on such bases.

According to Article 60 of the Economic Procedure Code of Ukraine the defendant has the right before decision making on dispute to submit to the claimant the counter action for joint consideration with primary claim. At the same time submission of the counter action is performed by general rules of submission of claims.

The procedure for return by court of the action for declaration without consideration is regulated by Article 63 of the Economic Procedure Code of Ukraine which contains exhaustive list of the bases which involve return of the action for declaration. In particular according to Items 4, 6 parts one of the specified Article the judge returns the action for declaration and documents attached to it without consideration if it is not submitted proofs of payment of the state fee in the established procedure and the size, and proofs of sending to the defendant of the copy of the action for declaration and the documents attached to it.

Apparently from case papers, Megabank open joint stock company when giving in defiance of requirements of Items 2, 3 parts 1 of article 57 HPK of Ukraine did not submit proofs of payment of the state fee in the established procedure and the size to court of the counter action for declaration, namely, in the memorial order of N303-1 of 30.01.2007 about payment of the state fee in the amount of 85 UAH is not specified about transfer of the state fee in budget receipt as that is required by Item 14 of the Instruction on procedure for charge and collection of the state fee approved by the order of the Main state tax authorities of Ukraine of 22.04.1993 N15; and proofs of sending to the defendant in the counter action - Vostok Firm LLC of the copy of the counter action for declaration and documents attached to it.

With respect thereto the economic court of the Kharkiv region determination of February 5, 2007 legally returned it based on Items 4, of the 6th Article 63 of the Economic Procedure Code of Ukraine.

Thus references of the complainant to the wrong application of the Kharkiv region by economic court and the Kharkiv Economic Court of Appeal of regulations of procedural law in case of acceptance of court resolutions are groundless.

Being guided by Articles 111-5, 111-7, 111-9, 111-11, 111-13 of the Economic Procedure Code of Ukraine, the Supreme Economic Court of Ukraine DECIDED:

And the resolution Kharkiv appeal economic to court of March 21, 2007 on case N05/210-06 to leave determination of economic court of the Kharkiv region of February 5, 2007 without changes, and the writ of appeal of Megabank open joint stock company - without satisfaction.

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