RESOLUTION OF PRESIDIUM OF THE SUPREME COURT OF UKRAINE

of March 3, 2004 No. 15

About resolution of disputes, the joint-stock companies arising in the field of regulation of activities

Having discussed generalization according to the dispute resolution, connected using the Law of Ukraine "About economic societies" regarding regulation of activities of joint-stock companies, the Presidium of the Supreme Court of Ukraine notes that the correct dispute resolution, the societies arising in the field of regulation of activities, plays important role in providing proper operating conditions of joint-stock companies, increase in efficiency of their activities and investment attraction in economy of Ukraine.

Considering significant amount of these disputes, economic courts generally solve them correctly. At the same time, owing to illegibility of separate provisions of the legislation, courts make mistakes in application of precepts of law. Cases of ambiguous application of the law by the Supreme Economic Court of Ukraine in case of review of judgments of economic courts in cassation procedure are not single.

For the purpose of the correct and identical application of the legislation, providing and elimination of mistakes which economic courts make in case of the dispute resolution, connected using the Law of Ukraine "About economic societies" regarding regulation of activities of joint-stock companies, Presidium of the Supreme Court of Ukraine, being guided by subitem 3 of item 3 of Art. 54 of the Law of Ukraine "About judicial system of Ukraine", DECIDES:

1. Agree with the conclusions stated in generalization.

2. To send the statement from generalization to the Supreme Economic Court of Ukraine, Appeal and local economic courts and to promulgate in the "Bulletin of the Supreme Court of Ukraine" magazine.

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