of September 27, 2001 No. 21/92
Determination of the price in economic agreements
Board of judges of the Supreme Economic Court of Ukraine, having considered according to the procedure, the provided item 8 of Final and transitional provisions of the Law of Ukraine "About modification of the Arbitral Procedure Code of Ukraine" of 21.06.2001 N2539-III, protest of the deputy attorney general of Ukraine about check according to the procedure of supervision of the resolution of Arbitration Court of Kiev of 21.12.2000 and the resolution of judicial board on review of decisions, resolutions of the Supreme Arbitration Court of Ukraine of 09.04.2001 on case N21/92 in the claim of B. LLC to GP "A". about collection 113046, of 15 UAH, established:
The decision of Arbitration Court of Kiev of 08.12.2000 the claim is satisfied regarding collection of 96500 UAH of debt and 15934, with UAH of penalty fee and owes GP "A". (further - the defendant) to receive from warehouse of B. LLC (further - the claimant) goods according to the agreement N360 of 10.06.99 with reference to approval of the price of goods of the goods issue slip of 01.11.99. The counter action about recognition invalid the purchase and sale agreement of 10.06.99 it is refused in connection with its compliance to the current legislation.
The decision is cancelled by the resolution of the first deputy chairman of Arbitration Court of Kiev, is refused primary and counter claims, the purchase and sale agreement of 10.06.99 is acknowledged as N360 unconcluded considering absence in the agreement of such essential condition as the price of goods and unacceptability of its determination by the claimant unilaterally according to the goods issue slip of 01.11.99 N2554.
The resolution of 21.12.2000 of Arbitration Court of Kiev is left by the resolution of judicial board on review of decisions, resolutions of the Supreme Arbitration Court of Ukraine of 09.04.2001 without changes.
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