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RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of December 26, 2011 No. 15

About some questions of practice of application of the competitive legislation

(as amended on 10-07-2014)

According to Item "About judicial system and the status of judges" the Plenum of the Supreme Economic Court of Ukraine DECIDES: 6 parts two of article 36 of the Law of Ukraine

For the purpose of ensuring the correct and uniform application by economic courts of instructions of the competitive legislation the Plenum of the Supreme Economic Court of Ukraine considers necessary to make the following explanations.

1. The legal relationship connected with restriction of monopolism and protection of subjects of managing against unfair competition are subject of regulation of the legislation including the Economic code of Ukraine (further - HK of Ukraine) and therefore - economic, and therefore the cases arising from the corresponding legal relationship according to part three of article 21 of the Law of Ukraine "About judicial system and the status of judges" are considered by economic courts.

Besides 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 the decision of bodies of the Antimonopoly Committee of Ukraine fully or partially in economic court. Considering content of the given regulation, article 4 of the Code of 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).

It concerns also hearing of cases in claims of bodies of the Antimonopoly Committee of Ukraine for collection from subjects of managing of the amounts of penalties and penalty fee in connection with violation of the competitive legislation as such collection is performed according to the decisions of relevant organs made based on instructions of the called Law. At the same time and Item 3 parts one of article 12 HPK are determined that put according to statements of bodies of the Antimonopoly Committee of Ukraine for the questions carried by legal acts to their competence are subordinated to economic courts.

The cases connected using the competitive legislation and one of the parties in which citizens act received the status of subjects of business activity, are subject to consideration by economic courts and in that case when such citizens lost the specified status at the time of submission of the claim for case, but had it at the time of adoption of the relevant decision of body of the Antimonopoly Committee of Ukraine in connection with which there was dispute over case

Hearing of cases with participation of bodies of the Antimonopoly Committee of Ukraine is performed by economic courts in accordance with general practice of equality before the law and court and the competitivenesses determined by articles 4-2 and 4-3 HPK.

2. In application of the mentioned instruction of part one of article 60 of the Law of Ukraine "About protection of the economic competition", and also the part two of article 47 of this Law to economic courts needs to consider the following.

According to these instructions the terms of appeal of decisions of body of the Antimonopoly Committee of Ukraine provided by them it cannot be recovered.

Thus, the specified terms are prisichnima. The limitation period established by the Civil code of Ukraine in corresponding legal relationship is not applied as well as in appeal of orders of the Antimonopoly Committee of Ukraine and its bodies.

Also the issue of terms of appeal of the decisions of bodies of the Antimonopoly Committee of Ukraine made on cases on unfair competition is similarly resolved.

The termination of prisichny term, irrespective of the reasons of its omission the interested person, is the basis for refusal in the invalidation action of the decision (order) of the Antimonopoly Committee of Ukraine and its bodies.

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