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ECONOMIC PROCEDURE CODE OF UKRAINE

of November 6, 1991 No. 1798-XII

(as amended on 18-12-2019)

Section I General provisions

Chapter 1. Basic provisions

Article 1. Purpose of the Economic Procedure Code of Ukraine

1. The economic Procedure Code of Ukraine determines jurisdiction and powers of economic courts, establishes legal proceedings procedure in economic courts.

Article 2. Tasks and basic principles of economic legal proceedings

1. Task of economic legal proceedings is fair, impartial and timely permission court of the disputes connected with implementation of economic activity, and consideration of other cases referred to jurisdiction of economic court, for the purpose of protection broken, the unrecognized or disputed rights and legitimate interests of physical persons and legal entities, the state.

2. Court and participants of legal procedure shall be guided by task of economic legal proceedings which prevail over any other reasons in legal procedure.

3. The main beginnings (principles) of economic legal proceedings are:

1) supremacy of law;

2) equality of all participants of legal procedure before the law and court;

3) publicity and openness of legal procedure and its complete fixation by technical means;

4) competitiveness of the parties;

5) dispositivity;

6) proportionality;

7) obligation of the judgment;

8) providing right to appeal reconsideration of the case;

9) providing the right to cassation appeal of the judgment in the cases determined by the law;

10) rationality of terms of consideration of the case by court;

11) inadmissibility of abuse of procedural law;

12) compensation of court costs of the party for benefit of which the judgment is made.

Article 3. Legislation on economic legal proceedings

1. Legal proceedings in economic courts are performed according to the Constitution of Ukraine, this Code, the Law of Ukraine "About private international law", the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt", and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty of Ukraine establishes other rules of practice, than those which are provided by this Code, other laws of Ukraine are applied rules of the international treaty.

3. Legal proceedings in economic courts are performed according to the law existing for the period of making of separate legal proceeding, consideration and permission of case.

4. The supreme court concerning intellectual property considers the cases referred to its competence, according to the procedure, provided by this Code.

Article 4. Right to the appeal to Economic court

1. The right to the appeal to economic court in the procedure established by this Code is guaranteed. Nobody can be deprived of the right to consideration of its case in economic court to which jurisdiction it is carried by the law.

2. The legal entities and physical persons entrepreneurs, physical persons who are not entrepreneurs, state bodies local government bodies have the right to the appeal to economic court behind protection of the broken, unrecognized or disputed rights and legitimate interests in the cases referred by the law to jurisdiction of economic court, and also for acceptance provided by the law of the measures directed to prevention of offenses.

3. In economic court on the cases referred by the law to its jurisdiction have the right to address also persons who by the law are granted the right to take a legal action for the benefit of other persons.

4. The disclaimer on the appeal to economic court is invalid.

5. The agreement of the parties on transfer of dispute for consideration of reference tribunal (the international commercial arbitration) is allowed.

Any dispute which conforms to the requirements determined by the legislation of Ukraine on the international commercial arbitration except the cases determined by the law can be by agreement of the parties transferred to the international commercial arbitration.

Any dispute arising from civil or economic legal relationship except the cases provided by the law can be by agreement of the parties transferred to reference tribunal.

6. Any person cannot be deprived of the participation right in consideration of the case in the procedure determined by the law.

Article 5. Methods of judicial protection

1. Performing justice, the economic court protects the rights and interests of physical persons and legal entities, the state and public concerns by the method defined by the law or the agreement.

2. If the law or the agreement do not determine the effective method of protection violated the right or the interest of person which took a legal action court agrees to the requirement of such person stated in the claim can determine such method of protection which does not contradict the law in the decision.

Article 6. Single judicial information and telecommunication system

1. In economic courts the Single judicial information and telecommunication system functions.

2. Claim and other statements, claims and other procedural documents provided by the law which are filed to economic court and can be subject of legal proceedings, according to the procedure of their receipt are subject to obligatory registration in Single judicial information and telecommunication system in day of receipt of documents.

3. Determination of the judge or board of judges (judge-speaker) for consideration of specific case is performed by Single judicial information and telecommunication system according to the procedure, determined by this Code (the automated distribution of cases).

4. The single judicial information and telecommunication system according to the law provides exchange of documents (sending and receipt of documents) electronically between courts, between court and participants of legal procedure, between participants of legal procedure, and also fixation of legal procedure and participation of participants of legal procedure in judicial session in the video conference mode.

5. The court directs judgments and other procedural documents to participants of legal procedure to their official e-mail addresses, makes other legal proceedings electronically with use of Single judicial information and telecommunication system according to the procedure, determined by this Code and Regulations on Single judicial information and telecommunication system.

6. Lawyers, notaries, private contractors, arbitration managers, court experts, state bodies, local government bodies and subjects of managing of the state and utility sectors of economy register official e-mail addresses in Single judicial information and telecommunication system without fail. Other persons register the official e-mail addresses in Single judicial information and telecommunication system in voluntary procedure.

7. The court hands to persons who registered official e-mail addresses in Single judicial information and telecommunication system any documents in cases in which such persons take part, exclusively electronically by their direction on official e-mail addresses of such persons that does not deprive of them the right to receive the copy of the judgment in paper form according to the separate statement.

8. Registration in Single judicial information and telecommunication system does not deprive of the right to submission of documents to court in paper form.

Persons who registered official e-mail addresses in Single judicial information and telecommunication system can file procedural, other documents, make other legal proceedings electronically only by means of Single judicial information and telecommunication system, with use of own digital signature equated to the sign manual according to the Law of Ukraine "About the digital signature" if other is not provided by this Code.

Features of use of the digital signature in Single judicial information and telecommunication system are determined by Regulations on Single judicial information and telecommunication system.

9. The court conducts consideration of the case on legal case materials electronically. Procedural and other documents and proofs in paper form no later than three days from the date of their receipt in court are transferred to electronic form and join materials of electronic legal case according to the procedure, determined by Regulations on Single judicial information and telecommunication system.

In case of impossibility of consideration of the case by court electronically for technical reasons more than five days that can prevent consideration of the case in the terms established by this Code, case is considered on materials in paper form for what case papers are instantly transferred to paper form according to the procedure, established by Regulations on Single judicial information and telecommunication system.

10. Procedural and other documents and proofs in paper form are stored in appendix to case in Trial Court and can be in case of need inspected by participants of case by Trial Court, or are requested by court of appeal or cassation instance after receipt to them corresponding appeal or the writ of appeal.

11. Unauthorized intervention in work of Single judicial information and telecommunication system and in automated distribution of cases between judges involves the responsibility established by the law.

12. The single judicial information and telecommunication system is subject to protection using complex system of information security with the confirmed compliance.

13. The regulations on Single judicial information and telecommunication system affirm the Supreme council of justice on representation to Public judicial administration of Ukraine and after consultations with Judicial council of Ukraine.

Article 7. Equality before the law and court

1. Justice in economic courts is performed on the basis of equality of all legal entities irrespective of form of business, pattern of ownership, subordination, the location, the place of creation and registration, the legislation according to which the legal entity, and other circumstances, equality of all physical persons irrespective of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property condition, residence, language or other signs is created; equalities of physical persons and legal entities irrespective of any signs or circumstances.

Article 8. Publicity of legal procedure

1. Hearing of cases in economic courts is conducted orally and openly, except the cases provided by this Code.

2. Any person has the right to be present at proceeding in open court. From the face, who wishes to be present at judicial session, it is forbidden to require any documents, except the identity document.

3. Persons wishing to be present at judicial session are allowed to the hall of judicial sessions prior to judicial session or during break.

4. The court can remove from the hall of judicial sessions of persons which interfere with conducting judicial session, implementation of the rights or fulfillment of duties of participants of process or the judge, break procedure in court room.

5. Persons which are present at courtroom representatives of mass media can carry out in courtroom photographing, video and audio recording with use of portable video and audiotechnical means without receipt of the separate leave of court, but taking into account the restrictions set by this Code.

6. Broadcast of judicial session is performed from the leave of court. If all participants of case take part in judicial session in the video conference mode, is performed broadcasts of the course of judicial session on the Internet without fail.

7. Carrying out in courtroom of photographing, video, and also broadcast of judicial session shall be performed without creation of hindrances under the authority of meeting and implementation by participants of legal procedure of their procedural law.

8. Consideration of the case in the closed judicial session is conducted in cases if open legal proceedings can have the investigation disclosure of the classified or other information protected by the law, need of protection of private and family life of the person and also in other cases established by the law.

9. About consideration of the case in the closed judicial session determination is taken out. The court the resolution can announce judicial session closed completely or closed its part.

10. Consideration of the case and making of separate legal proceedings in the closed judicial session is conducted with observance of rules of implementation of legal proceedings in economic courts. During such consideration there can be only participants of case, and in case of need - witnesses, experts, specialists, translators. The court warns specified persons about obligation not to disclose information for which ensuring protection consideration of the case or making of separate legal proceedings happens in the closed judicial session.

11. Use of systems of video conferencing and broadcast of the course of judicial session on the Internet in the closed judicial session are not allowed.

12. If during the closed judicial session it is determined that information for which ensuring nondisclosure consideration of the case or making of separate legal proceedings took place in the closed judicial session already is publicly available or restriction of information access is groundless or does not correspond to the law, the court takes out determination about further review of case in proceeding in open court.

13. Consideration of the case is performed according to the procedure of written production on the materials which are available in case if this Code does not provide the notification of participants of case. In that case judicial session is not held.

14. The court during consideration of the case in judicial session performs complete fixation of its course by means of the video and (or) sound recording technical tool, except the cases provided by this Code. The procedure for such fixation is established by this Code.

15. Official record of judicial session is only technical record performed by court according to the procedure, provided by this Code.

16. The judgment (complete or reduced) accepted in proceeding in open court appears publicly according to the procedure, determined by this Code.

17. If legal proceedings were carried out in the closed judicial session, publicly disclosed only introduction and resolutive speak rapidly decisions if such parts do not contain information for which protection consideration of the case or making of separate legal proceedings were conducted in the closed judicial session. If introductory and (or) resolutive parts of the decision contain such information, their announcement is performed in the closed judicial session.

18. If the judgment appears publicly, the participants of case, other persons which are present at courtroom, representatives of mass media can carry out in courtroom photographing, video, broadcast of announcement of the decision per radio and television, to the Internet.

Article 9. Openness of information on case

1. Nobody can be deprived of the right to information on date, time and the place of consideration of the case or is limited in the right in court of oral or written information on results of consideration of its legal case. Any person who is not participant of case has the right to access to judgments according to the procedure, established by the law.

2. Persons who did not take part in case if the court resolved issue of their rights, interests and (or) obligations which gave appeal or the writ of appeal on the relevant decision have the right to get acquainted with case papers, to do from them excerpts, to make copies of the documents filed, to receive copies of judgments according to the procedure, provided by this Code.

3. Information concerning court which considers case of participants of case and subject of action, receipt date of the action for declaration (claim) or any other statement or petition on case, including person who submitted such application, the taken measures of providing the claim and (or) proofs, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another is open and is subject to immediate promulgation on the official web portal of judicial authority of Ukraine according to the procedure determined by Regulations on Single judicial information and telecommunication system.

4. In case of removal of determination by court about consideration of the case in the closed judicial session information on case does not reveal, except participants of case, subject of action, receipt date of the action for declaration, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another.

5. In case of disclosure of information on case provided by parts three and the fourth this Article the following data cannot be promulgated:

1) the residence or stay of physical persons, with indication of the address, phone numbers or other means of communication, the e-mail address, registration numbers of accounting card of the taxpayer, details of identity documents, unique numbers of entry in the Unified state demographic register;

2) registration numbers of vehicles;

3) bank account numbers, numbers of payment cards;

4) information for which ensuring protection consideration of the case or making of separate legal proceedings took place in the closed judicial session.

Such data are replaced with alphabetic or digital references.

Article 10. Language of economic legal proceedings

1. Economic legal proceedings in courts are performed in state language.

2. Courts provide equal rights of participants of legal procedure on language sign.

3. Courts use state language in the course of legal proceedings and guarantee the right to participants of legal procedure on use by them in legal procedure of the native language or language which they know.

4. Participants of legal procedure who do not own or know state language insufficiently, have the right to make statements, to offer explanations, to appear in court and to declare petitions in the native language or language which they know, using at the same time translation service according to the procedure, established by this Code.

Article 11. The supremacy of law and sources of law applied by court

1. The court when considering the case is guided by the principle of supremacy of law.

2. The court considers cases according to the Constitution of Ukraine, the laws of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

3. The court applies other legal acts adopted by relevant organ on the basis within powers and method which are established by the Constitution and the laws of Ukraine.

4. The court applies by hearing of cases the Convention on human rights protection and fundamental freedoms of 1950 and protocols to it which consent to be bound is provided by the Verkhovna Rada of Ukraine, and to the practician of the European Court of Human Rights as source of law.

5. The court applies rules of law of other states in case it is provided by the law of Ukraine or the international treaty which consent to be bound it is provided by the Verkhovna Rada of Ukraine.

6. If the court comes to conclusion that the law or other legal act contradicts the Constitution of Ukraine, the court does not apply such law or other legal act, and applies regulations of the Constitution of Ukraine as regulations of direct action.

In that case the court after decision making on case appeals to the Supreme Court for the solution of question concerning entering into the Constitutional Court of Ukraine of representation concerning constitutionality of the law or other legal act which solution of question of constitutionality belongs to jurisdiction of the Constitutional Court of Ukraine.

7. In case of discrepancy of the legal act to the legal act of the highest legal force the court applies regulations of the legal act of the highest legal force.

8. In case of discrepancy of the legal act to the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine the court applies the international treaty of Ukraine.

9. If the disputable relations, including with participation of the foreign person, are not settled by the legislation, the court applies customs which are applied in business conduct.

10. If the disputable relations are not settled by the law and there is no business custom which can be applied to them, the court applies the law governing the similar relations (analogy of the law), and in the absence of it - proceeds from the general beginnings and sense of the legislation (analogy is right).

11. The refusal in justice based on incompleteness is forbidden, to ambiguity, inconsistency or lack of the legislation governing the disputable relations.

Article 12. Forms of economic legal proceedings

1. Economic legal proceedings are performed by the rules provided by this Code, according to the procedure:

1) mandative production;

2) claim production (general or simplified).

2. Mandative production is intended for hearing of cases according to statements for collection of sums of money of the insignificant size concerning which there is no dispute or on its availability to the applicant it is unknown.

3. The simplified claim production is intended for consideration of insignificant cases, cases of insignificant complexity and another matters for which bystry permission of case is priority.

General claim production is intended for hearing of cases which owing to complexity or other circumstances are inexpedient to be considered in the simplified claim production.

4. Put conditions under which the court has the right to consider requirements about collection of sums of money in mandative production and - generally or the simplified claim production, are determined by this Code.

5. For the purposes of of this Code insignificant cases are:

Put 1) in which the price of the claim does not exceed hundred sizes of subsistence minimum for able-bodied persons;

The cases of insignificant complexity recognized by court insignificant except cases which are subject to consideration only by rules of general claim production and put 2), the claim price in which exceeds five hundred sizes of subsistence minimum for able-bodied persons.

6. Economic courts consider cases on the bankruptcy according to the procedure provided by this Code for claim production taking into account the features established by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt".

7. For the purposes of this Code the size of subsistence minimum for able-bodied persons is estimated as of January 1 of calendar year in which the corresponding application or the complaint is made, legal proceeding is made or the judgment is made.

Article 13. Competitiveness of the parties

1. Legal proceedings in economic courts are performed on the basis of competitiveness of the parties.

2. Participants of case have the equal rights concerning implementation of all procedural law and obligations provided by this Code.

3. Each party shall prove circumstances which matter for case and on which it refers as to the basis of the requirements or objections, except the cases established by the law.

4. Each party bears risk of approach of the effects connected with making or non-execution of legal proceedings by it.

5. Court, keeping objectivity and impartiality:

1) directs the course of legal procedure;

2) promotes dispute settlement by reaching an agreement between the parties;

3) explains in case of need to participants of legal procedure their procedural law and obligations, effects of making or non-execution of legal proceedings;

4) renders assistance to participants of process in realization of the rights provided by this Code by them;

5) prevents abuses of participants of legal procedure of their rights and takes measures for execution of their obligations by them.

Article 14. Dispositivity of economic legal proceedings

1. The court considers cases precisely on the address of person submitted according to this Code within the requirements declared to them and based on the evidence produced by participants of case or requested by court in the cases provided by this Code. Collecting of proofs in economic cases is not obligation of court, except the cases established by this Code.

2. The participant of case disposes of the rights concerning matter in issue at own discretion. Also persons for the benefit of whom requirements, except for those persons who have no procedural capacity to act are declared have such right.

Article 15. Proportionality in economic legal proceedings

1. The court determines in the limits set by this Code, procedure of proceeedings according to pro-rata rule, considering: tasks of economic legal proceedings; ensuring reasonable balance between private and public interests; features of matter in issue; claim price; complexity put; value of consideration of the case for the parties, time necessary for making of these or those actions, the size of the court costs connected with the corresponding legal proceedings, etc.

Article 16. Legal aid

1. Participants of case have the right to use legal aid.

2. The representation in court as type of legal aid, is performed only by the lawyer (professional legal aid), except the cases established by the law.

Article 17. Right to reconsideration of the case and appeal of the judgment

1. Participants of case, and also persons who did not take part in case if the court resolved issue of their rights, interests and (or) obligations, have the right to appeal reconsideration of the case and in the cases determined by the law - to cassation appeal of the judgment.

2. Cassation appeal of the judgment of Trial Court without its review in appeal procedure is not allowed.

Article 18. Obligation of judgments

1. Judgments which took legal effect are obligatory to execution by all public authorities, local government bodies, their official and officials, physical persons and legal entities and their associations in all territory of Ukraine.

2. Failure to carry out of the judgment is reason for the responsibility established by the law.

3. Obligation of the judgment does not deprive of persons who were not participating in case, opportunity to take a legal action if the question of their rights or interests is resolved by the made judgment.

Article 19. Basic provisions of pre-judicial dispute settlement

1. The parties take measures of pre-judicial dispute settlement by agreement among themselves or in cases when such measures are obligatory according to the law.

2. Persons who violated the rights and legitimate interests of other persons shall recover them, without expecting presentation of the claim or the claim.

Chapter 2. Jurisdiction

§1. Subject and subject jurisdiction of economic courts
Article 20. The cases relating to jurisdiction of Economic courts

1. Economic courts consider cases in the disputes arising in connection with implementation of economic activity (except the cases provided by part two of this Article), and another matters in the cases determined by the law, in particular:

1) cases on the disputes arising in case of the conclusion, change, termination and execution of transactions in economic activity except transactions which party is the physical person who is not entrepreneur, and also on disputes on the bargains concluded for ensuring obligation fulfillment which parties are legal entities and (or) physical persons entrepreneurs;

2) cases on disputes on privatization of property, except disputes on privatization of the state housing stock;

3) cases on the disputes arising from the corporate relations including over disputes between members (founders, shareholders, members) of the legal entity or between the legal entity and his participant (the founder, the shareholder, the member), including the participant who was disposed, connected with creation, activities, management or the termination of activities of such legal entity, except employment disputes;

4) cases on the disputes arising from transactions concerning shares, shares, shares, other corporate laws of the legal entity except transactions in family and heritable legal relationship;

5) the cases on disputes on securities including connected with the rights to securities and the rights arising from them, issue, placement, the address and repayment of securities, accounting of the rights to securities, obligations on securities except debt securities which owner is the physical person who is not entrepreneur, and the bills of exchange used in tax and customs legal relationship;

6) cases on disputes on the property right or other corporeal right to property (movable and immovable, including the earth), registration or accounting of the rights to property which (the rights to which) is matter in issue, recognition invalid the acts violating such rights except disputes which party is the physical person who is not entrepreneur, and disputes on withdrawal of property for social needs or based on social necessity, and also case on disputes concerning the property which is subject of ensuring obligation fulfillment which parties are legal entities and (or) physical persons - entrepreneurs;

7) cases on the disputes arising from the relations connected with protection of the economic competition, restriction of monopolism in economic activity, protection against unfair competition including on the disputes connected with appeal of decisions of the Antimonopoly Committee of Ukraine, and also case on statements of bodies of the Antimonopoly Committee of Ukraine on the questions carried by the law to their competence except disputes which are carried to jurisdiction of the Supreme court concerning intellectual property;

8) cases on bankruptcy and cases on disputes with property requirements to the debtor concerning whom proceeedings about bankruptcy, including cases on disputes on recognition invalid any bargains (agreements) concluded by the debtor are open; collection of the salary; recovery at work official and officials of the debtor, except for disputes on determination and payment (collection) of the monetary commitments (tax debt) determined according to the Tax code of Ukraine, and also disputes on recognition invalid transactions on the claim of monitoring body in pursuance of its powers determined by the Tax code of Ukraine;

9) cases on statements for approval of plans of sanitation of the debtor before opening of proceeedings about bankruptcy;

10) cases on disputes on appeal of acts (decisions) of subjects of managing and their bodies, official and officials in the field of the organization and implementation of economic activity, except acts (decisions) of the subjects of powers of authority adopted in pursuance of their imperious managerial functions, and disputes which party is the physical person who is not the entrepreneur;

11) cases on contest of decisions of reference tribunals and on issue of the order on forced execution of decisions of the reference tribunals formed according to the Law of Ukraine "About reference tribunals" if such decisions are made on the disputes specified in this Article;

12) cases on disputes between the legal entity and his official (including the official whose powers are stopped) about indemnification, caused to the legal entity by actions (failure to act) of the official, in the claim of the owner (the participant, the shareholder) of such legal entity submitted in its interests;

13) requirements for registration of property and property rights, other registration actions, recognition invalid the acts violating the rights to property (property rights) if such requirements are derivative of dispute on such property or property rights or the dispute which arose from the corporate relations if this dispute is subject to consideration in economic court and is given to its consideration together with such requirements;

14) cases on disputes on protection of goodwill, except disputes which party is the physical person who is not entrepreneur or self-employed person;

15) another matters on disputes between subjects of managing;

16) cases on statements for issue of the writ if applicant and the debtor is the legal entity or physical person entrepreneur;

17) the cases arising in case of the conclusion, change, termination and execution of the agreements signed within public-private partnership, including concession treaties except disputes which consideration is performed according to the procedure of other legal proceedings.

2. The supreme court concerning intellectual property considers cases concerning intellectual property rights, in particular:

1) cases on disputes on the rights to the invention, useful model, industrial design, trademark (sign for goods and services), the commercial name and other intellectual property rights, including concerning the prezhdepolzovaniye right;

2) cases on disputes on registration, accounting of intellectual property rights, recognitions invalid, prolongation of action, early termination of patents, certificates, other acts certifying or based on which there are such rights or which violate such rights or the related legitimate interests;

3) cases on recognition of trademark well-known;

4) cases on disputes on the rights of the author and related rights, including disputes on collective management of property rights of the author and related rights;

5) cases on the disputes concerning the conclusion, change, termination and agreement performance concerning the order property rights of intellectual property, commercial concession;

6) cases on the disputes arising from the relations connected with protection against unfair competition, relatively: unauthorized use of designations or goods of other producer; copyings of appearance of product; collection, disclosure and use of trade secret; appeals of decisions of the Antimonopoly Committee of Ukraine on the questions determined by this Item.

Article 21. Jurisdiction of Economic courts concerning several requirements connected among themselves

1. Consolidation in one production of several requirements which are subject to consideration according to the procedure of different legal proceedings is not allowed if other is not provided by this Code.

Article 22. Right of the parties to transfer of dispute to consideration of reference tribunal, international commercial arbitration

1. The dispute which belongs to jurisdiction of economic court can be transferred by the parties to permission of reference tribunal or international commercial arbitration, except:

1) disputes on recognition invalid acts, disputes on state registration or accounting of the rights to real estate, intellectual property rights, the rights to securities, and also disputes arising in case of the conclusion, change, termination and agreement performance about public purchases taking into account part two of this Article;

2) the disputes provided by Items 2, of 3, 7 - 13 parts one, Items 2, of 3, 6 Article 20 parts two of this Code taking into account part two of this Article;

3) other disputes which according to the law cannot be transferred to permission of reference tribunal or international commercial arbitration.

2. The disputes, stipulated in Item 3 parts one of article 20 of this Code arising from the agreement can be transferred to permission of the international commercial arbitration only based on the arbitral agreement signed between the legal entity and all his participants.

Civil aspects of the disputes specified in Items 2, 7 parts one, Item 6 parts two of article 20 of this Code of the disputes arising in case of the conclusion, change, termination and agreement performance about public purchases can be transferred to permission of the international commercial arbitration.

3. Any inaccuracies in the text of the devolution agreement of dispute on permission of reference tribunal, international commercial arbitration and (or) doubt on its authenticity, reality and feasibility shall be interpreted by court for benefit of its authenticity, reality and feasibility.

4. The decision of reference tribunal, international commercial arbitration can be appealed (is disputed) according to the procedure, determined by the law.

Article 23. Right of the parties to transfer of dispute to consideration of foreign court

1. In the cases established by the law or the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine dispute which belongs to jurisdiction of economic court it can be transferred by agreement of the parties to the judgment of other state.

§2. Instantsionny jurisdiction
Article 24. Trial Court

1. All cases which are subject to permission according to the procedure of economic legal proceedings are considered by local economic courts as Trial Courts, except the cases determined by parts two and third this Article.

2. Cases on appeal of decisions of reference tribunals, on issue of orders on forced execution of decisions of reference tribunals are considered by Appeal Courts as Trial Courts in the place of consideration of the case by reference tribunal.

3. The supreme court concerning intellectual property considers cases on the disputes determined by part two of article 20 of this Code as Trial Court.

Article 25. Appeal Court

1. Economic Courts of Appeal review in appeal procedure judgments of the local economic courts which are in limits of the respective appeal district (the territory to which powers of the relevant Economic Court of Appeal extend).

2. The Supreme Court reviews the judgments of Appeal Courts made by them as Trial Courts in appeal procedure.

3. The appeal chamber of the Supreme court concerning intellectual property reviews the judgments made by the Supreme court concerning intellectual property in appeal procedure.

Article 26. Court of cassation instance

1. The Supreme Court reviews the judgments made by Trial and Appeal Courts in cassation procedure.

§3. Territorial jurisdiction (cognizance)
Article 27. Presentation of the claim for the location or residence of the defendant

1. The claim is made in economic court in the location or the residence of the defendant if other is not established by this Code.

2. For the purposes of determination of cognizance according to this Code the location of the legal entity and physical person entrepreneur is determined according to the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming.

3. For the purposes of determination of cognizance according to this Code by the residence of the physical person who is not the entrepreneur the place of its accommodation or stay registered in the procedure established by the law is recognized.

Article 28. Cognizance of cases in which one of the parties is the court or the judge

1. Cognizance of economic put in which one of the parties is the economic court or the judge of economic court to which cognizance this case by general rules is carried, is determined by the court order of the highest authority decided without notice of the parties.

2. Cognizance of cases in which one of the parties is the Supreme Court is determined by general rules of cognizance.

Article 29. Cognizance of cases on the choice of the claimant

1. The option between courts to which according to this Article case is jurisdictional belongs to the claimant, except for exclusive cognizance, stipulated in Clause the 30th of this Code.

2. Claims for disputes with the assistance of several defendants can be made in economic court on the location or the residence of one of defendants.

3. Claims for the disputes arising from activities of branch or representation of the legal entity can be shown also on their location.

4. Claims to the claimant for recognition of executive text of the notary who is not subject to execution or about return of the notary collected on executive text, can be shown also in the place of its execution.

5. Claims for the disputes arising from agreements in which the place of execution is determined or which can be performed because of their feature only in certain place can be shown also in the place of accomplishment of these agreements.

6. Claims to the defendant, the place of registration of accommodation or stay of which is unknown, are shown on the location of property of the defendant or in the last known registered its place of residence or stay or its permanent activities.

7. Indemnification claims, caused by measures of providing the claim, can be shown also in the place of application of measures of providing the claim (in court which applied adequate measures).

8. Compensatory actions, caused to property, can be shown also in the place of damnification.

9. Compensatory actions, caused by collision of courts, and also about collection of the amounts of remuneration for rescuing at the sea can be shown also in the location of the vessel of the defendant or port of registration of the vessel.

10. Claims to the defendant who has in Ukraine no location or the residence can be shown on the location of its property.

Article 30. Exclusive cognizance of cases

1. The disputes arising from the transportation agreement in case one of defendants is the carrier, are considered by economic court on the location of carrier.

2. Cases on the arrest of the vessel performed for providing the sea requirement are considered by economic court on the location of seaport of Ukraine in which is or to which the vessel, or port of registration of the vessel goes.

3. The disputes arising concerning real estate are considered by economic court on the location of property or its main part. If the claims connected among themselves are imposed at the same time concerning several real estate units, the dispute is considered in the location of object which cost is the highest.

4. Disputes on the rights on sea and aircrafts, inland navigation vessels, space objects are solved economic court in the place of their state registration.

5. Disputes in which defendant is the Cabinet of Ministers of Ukraine, the ministry or other central executive body, the National Bank of Ukraine, Audit Chamber, the Verkhovna Rada of the Autonomous Republic of Crimea or Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city councils or the regional, Kiev and Sevastopol city public administrations, and also cases which materials contain the state secret are considered by economic court which jurisdiction extends to the city of Kiev.

6. The disputes arising from the corporate relations including disputes between members (founders, shareholders, members) of the legal entity or between the legal entity and his participant (the founder, the shareholder, the member), including the participant who was disposed, connected with creation, activities, management or the termination of activities of such legal entity, except employment disputes and also the disputes arising from transactions of rather corporate laws (except shares) in the legal entity, are considered by economic court on the location of the legal entity.

7. Disputes between the legal entity and his official (including the official whose powers are stopped) about indemnification, caused to the legal entity by actions (failure to act) of his official, are considered by economic court on the location of the legal entity.

8. The disputes connected with issue, placement or repayment of securities are considered by economic court on the location of the issuer.

9. The cases provided by Items 8 and 9 of part one of article 20 of this Code are considered by economic court on the location of the debtor.

10. The counter action and the claim of the third party declaring independent requirements concerning matter in issue irrespective of cognizance are shown in economic court in the place of consideration of the original action. This rule is not applied when according to another, determined in this Article, rules of exclusive cognizance such claim be considered by other court, than that which considered the original action.

11. In case of consolidation of claims concerning the conclusion, change, termination and execution of the bargain with requirements concerning other transaction concluded for ensuring primary obligation, the dispute is considered by economic court on the location of the defendant who is the party of primary obligation.

12. Requirements for registration of property and property rights, other registration actions if consideration of such requirements is referred to jurisdiction of economic court, are considered by the economic court determined by rules of cognizance on consideration of dispute from which such requirements are derivative.

Article 31. Transfer of cases from one court in other court

1. The court submits case by the friend of court if:

1) case belongs to territorial jurisdiction (cognizance) of other court;

2) after satisfaction of branches (rejections) or for other reasons it is impossible to form new structure of court for consideration of the case;

3) are liquidated or on certain law to the bases work of court which considered case is stopped.

2. The case accepted by court to the production with observance of rules of cognizance shall them be considered also in that case when in proceedings on the reference it became cognizable to other court, except as specified, when owing to changes in the list of defendants case belongs to exclusive cognizance of other court.

3. Case referral for consideration of other court on the cognizance established by this Code on the basis, stipulated in Item 1 part one of this Article, is performed based on determination of court no later than five days after the termination of term on its appeal, and in case of submission of the claim - no later than five days after its leaving without satisfaction.

4. Case referral on the basis, stipulated in Item 2 parts one of this Article, is performed based on the order of the chairman of justices for consideration of the economic court which is brought most territorially closer to this court.

5. In case of liquidation or termination of work of court of case which were in its production are instantly brought to trial, determined by the relevant law or the decision on termination of work of court and if such court is not determined - in court which is brought most territorially closer to court which is liquidated or work of which is stopped.

6. Disputes between courts on cognizance are not allowed.

7. The case submitted from one court to another according to the procedure, established by this Article, shall be accepted to production by court to which it is sent.

8. Case in which one of the parties is the court to which cognizance this case by general rules is carried or the judge of this court, no later than five days from the date of receipt of the action for declaration is transferred based on the order of the chairman of justices to last resort court for cognizance determination.

9. The rules established by parts one, third - the eighth this Article, are applied also to the Supreme court concerning intellectual property.

Chapter 3. Structure of court. Branches

Article 32. Determination of structure of Economic court

1. Determination of the judge, and in case of joint consideration - judges-speakers for consideration of specific case is performed by Single judicial information and telecommunication system during document registration, specified in part two of article 6 of this Code, and also in other cases of determination of structure of court at any stage of legal procedure, taking into account specialization and uniform loading for each judge, by the principle of accident and on first come put.

2. Case which consideration according to this Code is performed by board of judges without fail is considered by permanent board of judges of the relevant court which part the judge-speaker determined by Single judicial information and telecommunication system is.

3. The staff of permanent boards of judges is determined by meeting of judges of the relevant court.

4. About two judges who are elected by meeting of judges of Cassation economic court, from structure of each of trial chambers of Cassation economic court and the chairman of Cassation economic court are part of the joint chamber.

5. If case be considered by board as a part of more than three judges, judges from structure of permanent board of judges into which the judge-speaker determined by Single judicial information and telecommunication system, judges who are in addition determined by Single judicial information and telecommunication system enters are part of board.

6. If case in the Supreme Court be considered jointly as a part of the relevant chamber - the judge-speaker determined by Single judicial information and telecommunication system in case of initial distribution of cases is presiding over meetings of chamber.

7. If case be considered by the judge solely, but this Code provides possibility of joint consideration of such case and on it the relevant decision is made, such case is considered in Trial Court - board of judges which structure joins the judge determined by Single judicial information and telecommunication system in case of the automated distribution of cases and two judges who are in addition determined by Single judicial information and telecommunication system after decision making about joint consideration of the case.

8. In the case provided by part seven of this Article, the judge-speaker and the chief judge in board is the judge determined by Single judicial information and telecommunication system in case of the automated distribution of cases.

9. Unresolved legal cases according to the motivated order of the chief of staff of court attached to case papers are transferred for the repeated automated distribution of cases only in case the judge (if case is considered solely) or the judge-speaker from structure of board of judges (if case is considered jointly) in the cases provided by the law cannot continue consideration of the case more than fourteen days that can prevent consideration of the case in the terms established by this Code.

10. For each permanent board of judges of meeting of judges of the relevant court determine reserve judges for a period of one year.

If from structure of board of judges the judge who is not judge-speaker in such case that can prevent consideration of the case in the terms established by this Code cannot continue consideration of the case, replacement of the judge at the initiative of the judge-speaker according to the motivated order of the chief of staff of court is performed by Single judicial information and telecommunication system from among reserve judges.

11. If to replace the judge who was disposed from number of reserve judges it is impossible, - its replacement is performed by Single judicial information and telecommunication system according to the procedure, provided by part one of this Article.

The judge determined on replacement of the disposed judge considers as a part of board of judges all unsolved cases which are considered by such board of judges and which due to the lack of the disposed judge cannot be considered in the terms established by this Code.

12. The single judicial information and telecommunication system is not applied to determination of the judge (structure of board of judges if case is considered jointly) for consideration of specific case only in case of approach of circumstances which objectively made impossible its functioning and more than five working days proceed.

13. Case which consideration is begun by one judge or board of judges shall be considered by the same judge or board of judges, except as specified, excluding participation of the judge in consideration of the case, and other cases provided by this Code.

14. In case of change of structure of court at stage of preparatory production consideration of the case is started anew, except as specified, provided by this Code.

In case of change of structure of court at stage of substantive prosecution the court repeatedly begins substantive prosecution, except case when the court makes the decision on repeated carrying out preparatory production.

15. Consideration of the application about review of the judgment on newly discovered facts is performed by the same structure of court which made the decision which is reviewed if case was considered by the judge solely or as a part of board of judges. If such structure of court cannot be created, the judge or board of judges for consideration of the application about review of the judgment is determined by newly discovered facts according to the procedure, established by part one of this Article.

Consideration of the application about review of the judgment on newly discovered facts is performed by the chamber combined by chamber or Big Chamber if the decision which is reviewed is accepted respectively the chamber combined by chamber or Big Chamber.

16. Results of the automated distribution (repeated distribution) of case are drawn up by the protocol.

17. The protocol shall contain the following data:

1) date, time of the beginning and the end of the automated distribution;

2) number of legal case, category and coefficient of its complexity, name (name) of participants of case;

3) information on determination of the list of judges for participation (the bases on which judges do not take part) in the automated distribution; information on determination of the judge, judge-speaker;

4) the bases of implementation of the automated distribution (the repeated automated distribution);

5) surname, initials and position of the authorized person of the office of the court responsible for implementation of the automated distribution of legal cases.

18. The copy of such protocol in electronic or paper form is signed by authorized persons of the office of court and issued (goes) to the interested person not later than the next day after giving to court of the corresponding statement.

19. Features of distribution of legal cases are established by Regulations on Single judicial information and telecommunication system.

Article 33. Individual or joint consideration

1. Cases in Trial Courts are considered by the judge solely, except the cases determined by this Code.

Put any case relating to cognizance of Trial Court depending on category and complexity, it can be considered jointly as a part of three judges, except cases which are considered according to the procedure of the mandative and simplified claim production.

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