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INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 31, 2005 No. 01-8/157

About some questions of court practice connected with appeal of determinations of economic courts

We inform the information letter of the Supreme Court of Ukraine sent to the address of the Supreme Economic Court of Ukraine of 17.01.2005 N 1/3.2:

"Materials of economic cases demonstrate distribution of practice of provision by party litigants appeal and writs of appeal on determinations of economic court which cannot be appealed neither in appeal, nor in cassation procedure. The corresponding actions of party litigants are, as a rule, directed to delay in legal procedure in connection with transfer of case papers to court of the highest level and are violation of instructions of Article 22 of the Economic Procedure Code of Ukraine (further - HPK), in particular, concerning obligation of the Parties honesty to have the procedural law belonging to them, to render mutual respect for the rights and the interests of the second party protected by the law.

According to part one of Article 106 and part one of article 111-13 HPK of determination according to local economic court and Economic Court of Appeal can be appealed in the cases provided by HPK and the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt". However cases when the court of appeal or cassation instance considers such claims in essence take place.

For the purpose of prevention of the corresponding violations economic courts should consider the following.

In case of submission of the petition for appeal on determination which cannot be appealed the local economic court shall refuse adoption of such claim with reference to parts the first and fourth article 106 HPK.

In case of submission of the writ of appeal on determination local or Economic Court of Appeal which cannot be appealed corresponding local or to Economic Court of Appeal to which the claim is sent it is necessary to refuse adoption of such claim with reference to parts the first and fourth article 111-13 HPK.

In case of submission of the writ of appeal on determination of the Supreme Economic Court of Ukraine which cannot be appealed the called court shall refuse adoption of such claim with reference to article 111-22 HPK.

About refusal in acceptance appeal or the writ of appeal determination is taken out.

Issue in necessary cases of the certificate of return of the state fee is performed by local economic court".

 

Vice-chairman

Supreme Economic Court of Ukraine of V. Moskalenko

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