RECOMMENDATIONS OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of October 29, 2008 No. 04-5/247

About some questions of practice of application of the competitive legislation

Due to the origin in court practice of the questions connected using the competitive legislation and for the purpose of ensuring the correct and identical application by economic courts of some of its instructions the presidium of the Supreme Economic Court of Ukraine considers necessary to make such recommendations.

1. According to part one of article 60 of the Law of Ukraine "About protection of the economic competition" the applicant, the defendant, the third party have the right to appeal decisions of bodies of the Antimonopoly Committee of Ukraine fully or partially in economic court. Considering content of the given regulation, the article 4 Code and administrative legal proceedings of Ukraine according to which jurisdiction of administrative courts extends to all public disputes, except disputes for which other procedure for the judgment is established by the law, cases on disputes on appeal of decisions (orders) of bodies of the Antimonopoly Committee of Ukraine are subordinated to economic courts and are subject to consideration by rules of the Economic Procedure Code of Ukraine (further - HPK).

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