of May 24, 2007
About recognition invalid constituent documents, record about carrying out state registration and termination of the legal entity
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 19.07.2007 it is refused to open production on review)
Case No. 15/301d/06-14/49d/07
NAME OF UKRAINE
The Supreme Economic Court of Ukraine as a part of board of judges:
the chief judge - Pershikov E. V.
judges: Savenko G. V., Hodakovskaya I. P.
considered the writ of appeal of Trudovoy kollektiv VIT Ltd
on determination of 15.02.2007 economic court of the Zaporizhia region
in the matter of N15/301d/06-14/49d/07
in the claim of JSC Zaporizhia Cable Plant
to Private company "Labor collective VIT
about recognition invalid constituent documents, records about carrying out state registration and termination of the legal entity
Agents of the parties: were not
ESTABLISHED:
Determination of 15.02.2007 of economic court of the Zaporizhia region (judge Horolets T. G.) resumes proceeedings of N15/301d/06-14/49d/07, judicial session is appointed to 01.03.2007.
Trudovoy kollektiv VIT Ltd appealed to the Supreme Economic Court of Ukraine with the writ of appeal in which it asks to cancel determination of 15.02.2007 of economic court of the Zaporizhia region about renewal of production in connection with the wrong application of the Art. of the Art. 61, of 64, 65 GPK of Ukraine.
Having considered case papers and the writ of appeal, having analyzed correctness of application by court of regulations of procedural law, the board of judges considers that the writ of appeal is not subject to satisfaction, proceeding from the following.
The appealed determination of 15.02.2007 of economic court of the Zaporizhia region resumes proceeedings of N15/301d/06-14/49d/07.
According to Art. 111-13 of the Economic Procedure Code of Ukraine determinations local or Economic Court of Appeal can be appealed in cassation procedure in the cases provided by the Economic Procedure Code of Ukraine.
The economic Procedure Code does not contain regulations which would provide appeal of determination about renewal of proceeedings.
Considering the above, the board of judges comes to conclusion about lack of reasons for satisfaction of the writ of appeal.
Being guided, the Art. of Art. 111-5, 111-9, 111-7, 111-11, 111-13 of the Economic Procedure Code of Ukraine, the Supreme Economic Court of Ukraine DECIDED:
To leave the writ of appeal of Trudovoy kollektiv VIT Ltd without satisfaction.
Of economic court of the Zaporizhia region in the matter of N15/301d/06-14/49d/07 about renewal of proceeedings to leave determination of 15.02.2007 without changes.
|
Chief judge |
E.Pershikov |
|
Judges
|
G. Savenko I. Hodakovskaya |
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