EXPLANATIONS OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 22, 2002 No. 04-5/570

About some questions of participation of the prosecutor in hearing of cases subordinated to economic courts

For the purpose of identical and correct application of the legislation on participation of the prosecutor in hearing of cases, subordinated to economic courts, the presidium of the Supreme Economic Court of Ukraine considers necessary to make such explanations.

1. According to part one of Article 29 of the Economic Procedure Code of Ukraine (further - HPK) the prosecutor is involved in hearing of cases in its claims, and also can go on the initiative into the case opened in claims of other persons at any stage of its consideration for representation of interests of the citizen or the state. For the purpose of the introduction the prosecutor can give appeal, cassation submission, idea of review of the decision on the new revealed circumstances to case or to report court and to be involved in consideration of the case, got in claims of other persons.

In permission of question of institution of case on the action for declaration of the prosecutor the economic court should proceed from it.

According to the paragraph to the fourth part one of article 2 HPK the economic court opens cases on actions for declaration of prosecutors and their deputies who appeal to economic court for the benefit of the state. The part three of the mentioned Article provides that in the action for declaration the prosecutor independently determines in what violation of interests of the state consists and proves need of their protection, and also specifies the body authorized by the state to perform the corresponding functions in the disputable relations.

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