RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of February 20, 2007 No. 19/189

About collection of the insurance payments which are excessively transferred into the personal account

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 26.04.2007 it is refused to open production on review)

The Supreme Economic Court of Ukraine in structure:

the judge Selivanenko V. P. is the judge's chairman Benedisyuk I. M. and Lviv B. Yu. considered the writ of appeal of department of executive directorate of Social Insurance Fund from labor accidents and occupational diseases of Ukraine in Krasnoarmeysk of Donetsk region, Krasnoarmeysk of Donetsk region (further - department of executive directorate of Fund) on the decision of economic court of Donetsk region of 19.09.2006 and the resolution of the Donetsk Economic Court of Appeal of 30.11.2006 on case N19/189 on the claim of department of executive directorate of Fund to "Government Savings Bank of Ukraine" open joint stock company, Kiev (further - JSC Gossberbank of Ukraine), on behalf of branch of Krasnoarmiysky department N2863 JSC Gossberbank of Ukraine, Krasnoarmeysk of Donetsk region about collection excessively transferred into the personal account of Savkov E. M. after his death from 06.02.2002 till 01.04.2006 the amounts of insurance payments in the amount of the 18th 449, 06 UAH.

Judicial session is held with the participation of agents of the parties:

the claimant - not яв.,

the defendant - Zhigadlo N. V.

By results of consideration of the writ of appeal Supreme Economic Court of Ukraine

ESTABLISHED:

The decision of economic court of Donetsk region of 19.09.2006 (judge Duchal N. M.) left without changes by the resolution of the Donetsk Economic Court of Appeal of 30.11.2006 (board of judges in structure: R.V.'s wolves - the chairman, judges Kalangtai M. V. and Starovoytova G. Ya.), satisfaction of the claim it is refused. In acceptance specified decisions and resolutions the previous degrees of jurisdiction recognized, in particular, that the defendant in case is not the owner of disputable means.

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