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RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of February 3, 2017 No. 1

About results of work of economic courts of Ukraine in 2016 and tasks for 2017

Having heard and having discussed the report of the Chairman of the Supreme Economic Court of Ukraine of Lviv of B. Yu. about results of work of economic courts in 2016 and tasks for 2017, the plenum of the Supreme Economic Court of Ukraine notes that during the accounting period activities of economic courts of Ukraine were performed according to tasks, certain: The law of Ukraine "About judicial system and the status of judges", the Section XII "Final and transitional provisions" of the Law of Ukraine" About judicial system and the status of judges" (of 02.06.2016 No. 1402-VIII), and the Economic Procedure Code of Ukraine also went for improvement of quality of justice and observance of procedural terms.

The accounting period is characterized by intensive implementation of judicial reform and number of legislative changes, in particular, adoption of the laws "About Introduction of Amendments to the Constitution of Ukraine (concerning Justice)", the new Law of Ukraine "About judicial system and the status of judges", "About public service" and so forth.

For consideration of economic courts in 2016 195,5 of one thousand addresses of subjects of managing for the decision of economic disputes arrived.

By results of consideration of addresses of subjects of managing by economic courts 163,8 is made by one thousand judgments which can be appealed in accordance with the established procedure.

The best indicators of quality of hearing of cases are reached by economic courts of the Chernivtsi, Kirovohrad, Luhansk and Dnipropetrovsk regions where the quantity of the changed and cancelled court resolutions in the first court makes 1,4 of % and 1,9 of % in three last in case of average of such indicator across Ukraine of % 3,2.

The vast majority - 81% (in 2015 - % 81,9) decisions of the courts of the first instance conform to requirements of the current legislation and take legal effect after current of term for their appeal.

In 2016 payroll number of judges of economic courts to 591 units decreased by 7%. As a result, load of actually working judges increased to 403 statements (cases) which were under consideration, on payroll number.

During 2016 for consideration in Appeal Courts 31,2 of one thousand addresses with petitions for appeal and statements arrived. The number of the claims considered in essence in appeal procedure makes one thousand 22,2.

During 2016 payroll number of judges of Appeal Courts decreased by 15,2 of % and makes 195 units.

The average level of load of the judge of Economic Court of Appeal in 2016 increased and made 307 statements (cases) which were under consideration, on payroll number.

The best indicators of quality are reached Dnipropetrovsk and Donetsk appeal economic by courts where the quantity of the changed and cancelled court resolutions made 8,1 of % and 8,6 of % respectively.

For consideration in the Supreme Economic Court of Ukraine in 2016 17,6 of one thousand claims arrived. The specific weight of the appealed judgments in cassation procedure increased to % 51,8. In cassation procedure 11,6 of one thousand claims is considered in essence.

Tendency of last year on hearing of cases in cassation procedure is increase at 3,9 of % of their quantity almost on all main categories.

By results of hearing of cases in 2016 in general 3,6 of one thousand judgments of appellate instance is changed and cancelled.

As a result of consideration of 137 cases by the Supreme Court of Ukraine it is satisfied fully or partially - 84 statements or 61,3 of %, or 0,7 of % of resolutions of the Supreme Economic Court of Ukraine of total quantity of accepted is cancelled.

In 2016 payroll number of judges of the Supreme Economic Court of Ukraine to 60 units considerably decreased by % 29,4.

The average level of load of one judge of the Supreme Economic Court of Ukraine in 2016 increased and made 301 claims (case) which were under consideration in payroll number.

Tendencies of the accounting period of work of economic courts of Ukraine are:

observance of procedural terms of hearing of cases and stable quality of the made judgments by economic courts of Ukraine with growth of intensity of work of actually working judges of economic courts which is explained by the termination of term of power of judges of economic courts, dismissal of judges and so forth;

the percent of consideration of addresses in economic disputes corresponds to the level of the indicator recommended by the European commission and testifies to efficiency of implementation of legal proceedings in economic courts and, in particular makes: local economic courts - % 100,1 (% 97,5 in 2015); Economic Courts of Appeal - 100% (% 99,1 in 2015); The Supreme Economic Court of Ukraine - % 100,1 (% 99,2 in 2015);

increase in the amounts of the court fee paid to special fund of the Government budget of Ukraine for hearing of cases by economic courts of Ukraine on % 19,5 that constitutes 868 million UAH.

During 2016 the Supreme Economic Court of Ukraine considers more than 400 bills registered in the Verkhovna Rada of Ukraine of the current convocation, concerning questions of implementation of economic legal proceedings, judicial system, the status of judges, protection of the rights and legitimate interests of subjects of managing, other questions of activities of economic courts of Ukraine.

Initiatively and on requests of special-purpose parliamentary committees the conclusions with the corresponding notes and offers of 18 bills registered in the Verkhovna Rada of Ukraine are prepared.

With the Supreme Economic Court of Ukraine and Economic Courts of Appeal during the accounting period it was provided unity of court practice and the methodical help of the lowest level to courts was provided.

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