RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 29, 2013 No. 11

About some questions of recognition of transactions (economic agreements) invalid

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 identical application of the legislation in hearing of cases, the transactions (economic agreements) connected with recognition with invalid to make to economic courts the following explanations.

1. Question of jurisdiction and cognizance to economic courts of cases on the disputes connected with recognition of transactions (economic agreements) invalid.

1.1. Taking into account instructions of Articles 1, 12 Economic Procedure Codes of Ukraine (further - HPK) cases on the disputes connected with recognition of transactions (economic agreements) invalid are considered by economic courts in case of simultaneous availability of two conditions: if these disputes arise from civil (part one of Article 1 of the Civil code of Ukraine, further - the Civil Code of Ukraine) or economic (article 3 of the Economic code of Ukraine, further - HK of Ukraine) the relations, including from corporate, and the subject structure of the parties of dispute meets the requirements of article 1 HPK).

1.2. By the general rule fixed in part one of article 15 HPK territorial cognizance to economic courts of cases in disputes on recognition of agreements is determined by invalid by the location of the party obliged to perform under the agreement for the benefit of the second party certain actions, such as: transfer property, perform work, provide services, pay money and so forth.

The paragraph two is excluded according to the Resolution of the Plenum of the Supreme Economic Court of Ukraine of 17.12.2013 No. 13

In the presence of two or several defendants who are obliged under the agreement case is considered on the location of one of them at the choice of the claimant.

If the legal entity represents the separate division authorized by it, territorial jurisdiction of the case is determined depending on the location of this division (part four of article 15 HPK).

Cases in disputes, defendant (or one of defendants) in which is the body from among specified in part five of article 16 of the called Code, are considered by economic court of the city of Kiev.

If the dispute on recognition invalid agreements arose from land relations in which business entities take part, then taking into account requirements of part nine of article 16 HPK case is subject to consideration by economic court on the location of object of land relations or its main part, except for the cases provided by part five of article 16 of this Code.

2. General questions of the decision economic courts of the disputes connected with recognition of transactions (economic agreements) invalid.

2.1. The legal relationship connected with recognition of transactions (economic agreements) invalid are regulated by the Civil Code of Ukraine, HK of Ukraine, the Land code of Ukraine, the Laws of Ukraine "About lease of land", "About privatization of state-owned property", "About privatization of the small state companies (small privatization)", "About mortgage", "About insurance", "About banks and banking activity", "About the prevention of corruption" and other acts of the legislation.

The transaction can be acknowledged invalid on the bases provided by the law.

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