RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of March 5, 2015 No. 5

About approval of the Regulations on procedure for preparation, acceptance and promulgation of the resolution of plenum of the Supreme Economic Court of Ukraine concerning application of the legislation by economic courts by hearing of cases

Having considered the project of the Regulations on procedure for preparation, acceptance and promulgation of the resolution of plenum of the Supreme Economic Court of Ukraine concerning application of the legislation by economic courts by hearing of cases, according to article 36 of the Law of Ukraine "About judicial system and the status of judges", the plenum of the Supreme Economic Court of Ukraine decides:

Approve Regulations on procedure for preparation, acceptances and promulgation of the resolution of plenum of the Supreme Economic Court of Ukraine concerning application of the legislation by economic courts by hearing of cases it (is applied).

Approved by the Resolution of plenum of the Supreme Economic Court of Ukraine of March 5, 2015 No. 5

Regulations on procedure for preparation, acceptance and promulgation of the resolution of plenum of the Supreme Economic Court of Ukraine concerning application of the legislation by economic courts by hearing of cases

This Provision establishes procedure for preparation, acceptance and promulgation of the resolution of plenum of the Supreme Economic Court of Ukraine (further - the Plenum) concerning generalization of practice of application of the material and procedural legislation for the purpose of ensuring identical application of rules of law, explanation of advisory nature concerning application of the legislation by economic courts in case of the solution of cases on results of generalization of court practice and the analysis of legal statistics subordinated to them in case of the solution of cases of economic jurisdiction for the purpose of ensuring unity of court practice.

1. General provisions

1.1. Preparation of the draft of the resolution and adoption of the resolution of the Plenum concerning generalization of practice of application of the material and procedural legislation for the purpose of ensuring identical application of rules of law, explanation of advisory nature concerning application of the legislation by economic courts in case of permission of cases on results of generalization of court practice and the analysis of legal statistics subordinated to them in case of the solution of cases of economic jurisdiction for the purpose of ensuring unity of court practice (further - the Resolution) are performed according to the Work plan of the Supreme Economic Court of Ukraine or according to the decision of the Plenum, the order of the Chairman of the Supreme Economic Court of Ukraine or according to its order - vice-chairmen of the Supreme Economic Court of Ukraine taking into account requirements of the Law of Ukraine "About judicial system and the status of judges", Regulations of plenum of the Supreme Economic Court of Ukraine (further - Regulations), Regulations on Scientific and advisory council under the Supreme Economic Court of Ukraine.

2. Procedure for preparation of the draft of the resolution

2.1. The draft of the resolution submitted for consideration of the Plenum is developed on the basis of generalization of court practice on specific categories of cases, appeals of economic courts concerning application of the legislation, references and other documents by results of provision of the methodical help local and to Economic Courts of Appeal, other materials (references, reports, etc.) prepared on the questions carried to competence of the Plenum.

2.2. Preparation of the draft of the resolution includes consideration of question of need of preparation of the draft of the resolution of the Plenum and decision making on this matter, determination of responsible persons for preparation of the draft of the resolution, studying of court practice, other required materials and information, project development of the Resolution of the Plenum, its studying and discussion at meeting of Scientific and advisory council under the Supreme Economic Court of Ukraine, judges of the Supreme Economic Court of Ukraine, judges of local and Appeal Courts, pronouncement of the draft of the Resolution of the Plenum for consideration at meeting of the Plenum and adoption of the draft of the resolution in the first reading (for basis), completions (in case of need), adoption of the Resolution of the Plenum in general.

2.3. Preparation of the draft of the resolution is performed by the working group determined in the Work plan of the Supreme Economic Court of Ukraine or appointed by the Chairman of the Supreme Economic Court of Ukraine (person fulfilling its duties). Judges, workers of the office of the Supreme Economic Court of Ukraine, representatives of the ministries, departments, organizations and organizations, scientists, judges of courts of different levels and jurisdictions can be part of working group on consent.

Direct project development of the Resolution, matching and systematization of the relevant legislation, studying and generalization of court practice are performed by employees of legal department of the Supreme Economic Court of Ukraine to whose duties accomplishment of such work belongs.

Work on preparation of the draft of the Resolution will be will organized and coordinated by the head of working group who is appointed from among judges of the Supreme Economic Court of Ukraine.

Control of the organization of work on preparation of the draft of the Resolution is exercised by the secretary of trial chamber who conducted generalization of court practice of the corresponding category of cases, and the secretary Plenuma.

The chairman of working group who performs preparation of the draft of the resolution is, as a rule, speaker by consideration of this question on the Plenum.

2.4. Members of Scientific and advisory council of the Supreme Economic Court of Ukraine are recruited in preparation of drafts of resolutions of the Plenum according to the procedure, the provided Regulations on Scientific and advisory council under the Supreme Economic Court of Ukraine.

2.5. Within 10 calendar days from the date of approval of the Work plan of the Supreme Economic Court of Ukraine (decision making of the Plenum, the edition of the order of the Chairman of the Supreme Economic Court of Ukraine) which provides preparation of the draft of the resolution the working group develops the plan of preparation of the draft of the resolution where are specified: the problematic issues arising in application of the legislation by economic courts in case of permission of economic cases are also subject to the solution and explanation, obligation of each of participants of working group, the project development term, other necessary data.

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