RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 22, 2007

About money recovery

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 26.07.2007 it is refused to open production on review)

Case No. 6/500

NAME OF UKRAINE

The Supreme Economic Court of Ukraine as a part of board of judges: T.P.'s trump - the chairman, I.A., Stratiyenko L. V. Bun.

with the assistance of representatives: the claimant - Sapronov V. V. Dov. 03-5/10 of 01.01.2007, the defendant - Enin E. V. Dov. N370/10 of 29.12.2006, Matyushenko Yu. S. Dov. N367/10 of 29.12.2006,

having considered in proceeding in open court in Kiev the writ of appeal of Gaz Ukrainy recreation Center of the National Joint Stock Company Naftogaz of Ukraine on the resolution of the Kiev Economic Court of Appeal of February 19, 2007 in the matter of economic court of Kiev in the claim of joint stock company for gas supply and gasification of Mariupolgaz to Gaz Ukrainy recreation Center the National Joint Stock Company Naftogaz of Ukraine about money recovery, ESTABLISHED:

In August, 2006 joint stock company on gas supply and gasification of Mariupolgaz took a legal action with the claim to Gaz Ukrainy recreation Center the National Joint Stock Company Naftogaz of Ukraine for collection of three annual interest rates from the overdue amount in the amount of 18224 hryvnias 35 kopeks and 115568 hryvnias 03 kopeks of penalty fee.

The claim proved by untimely fee on gas transportation.

By determination of economic court of Kiev of November 7, 2006 of proceeedings it is stopped to the solution of case of N20/359pd in the claim of Gaz Ukrainy recreation Center of the National Joint Stock Company Naftogaz of Ukraine to JSC Mariupolgaz about recognition invalid the agreements N06/05-1984 on provision of services on transportation of natural gas in 2006.

Determination of court is cancelled by the resolution of the Kiev Economic Court of Appeal of February 19, 2007, and case is brought to trial for consideration.

In the writ of appeal of Gaz Ukrainy recreation Center of the National Joint Stock Company Naftogaz of Ukraine asks to repeal the resolution of the Kiev Economic Court of Appeal and to leave determination of economic court of Kiev without change, referring to violation of the Art. of the Art. by court 33, of 34, of 43, of 101 GPK of Ukraine.

Considers that before consideration of the case about recognition of the agreement invalid it is impossible to solve correctly dispute on debt collection under this agreement.

Having listened to explanations of agents of the parties, having discussed arguments of the writ of appeal, having studied case papers, the court considers that the writ of appeal is subject to partial satisfaction on the following bases.

According to p.1 Art. 79 GPK of Ukraine economic court stop proceeedings in case of impossibility of consideration of this case to the solution of the related another matter by body which solves economic disputes.

Stopping proceeedings, the economic court recognized that in production of court there is case of N20/359pd and the dispute on recognition invalid the agreement under which money recovery is matter in issue on case N6/500 is not solved.

The Appeal Court cancelled determination of economic court of Kiev for those motives that matter in issue in the matter of N 20/359pd is other agreement, than that agreement under which the claim for this case is declared.

However, making the decision, neither the local economic court, nor Appeal Court demanded from the parties properly attested documents and did not find out what actually the agreement is matter in issue in the matter of N20/359pd, whether on the case on what the claimant asks to collect annual and penalty.

Under such circumstances determination and the court order are subject to cancellation, and case - transfer for consideration to local economic court during which it is necessary to find out given and to make the decision according to the declared petition for stop of proceeedings.

Being guided by the Art. of Art. 111-5, 111-7 - 111-12 Economic Procedure Codes of Ukraine, the court DECIDED:

Satisfy the writ of appeal partially.

Repeal the resolution of the Kiev Economic Court of Appeal of February 19, 2007 and determination of economic court of Kiev of November 7, 2006.

Submit case to economic court of Kiev, in other list of judges.

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