RECOMMENDATIONS OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of April 11, 2005 No. 04-5/639

About some questions of practice of application by economic courts of the Law of Ukraine "About reference tribunals"

For the purpose of ensuring the correct and identical application by economic courts of some instructions of the Law of Ukraine "About reference tribunals" (further - the Law) the presidium of the Supreme Economic Court of Ukraine considers necessary to make such recommendations:

1. Procedure for appeal of decisions of reference tribunals.

1.1. Competent court in which decisions of reference tribunal were appealed and which performs issue of the executive document, can be in understanding of article 2 of the Law both local general court, and local economic court, in the place of consideration of the case by reference tribunal.

In permission of question of what court, general or economic, is competent to consider applications for cancellation of the decision of reference tribunal to economic courts it is necessary to proceed from requirements of Article 15 of the Code of civil procedure of Ukraine and Articles 1, 12 Economic Procedure Codes of Ukraine (further - HPK).

1.2. excluded

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