of June 5, 2007
About recognition of the agreement of mortgage invalid
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 26.07.2007 it is refused to open production on review)
Case No. 18/513
NAME OF UKRAINE
The Supreme Economic Court of Ukraine as a part of board of judges:
the chairman, the judge - Kuzmenko M. V.
judges there is Vasishchaka I. M.
judges - the Bull-trout V. M.
having considered the writ of appeal of the Ukrainian state-owned innovative company
on the resolution of the Kiev Economic Court of Appeal of 13.03.2007.
On case N18/513
in the claim of Hersonsnabsbyt Private company
to the Ukrainian state-owned innovative company
about recognition of the agreement of mortgage of 04.02.2006 invalid,
with the participation of agents of the parties:
from the claimant: Teplova Ya. S. (power of attorney of 15:08. 06),
from the defendant: Kolesnik Yu. V., Baranovsk T.V. (copy of powers of attorney for case),
ESTABLISHED:
The Hersonsnabsbyt private company appealed to economic court of the city of Kiev with the claim to the Ukrainian state-owned innovative company and asked court to nullify the agreement of mortgage signed between the parties of 04.02.2005 certified by the notary of the Kherson city notarial district under register N241.
Claims are proved by the fact that considering instructions of Art. 576 of Civil Code of Ukraine and Art. 5 of the Law of Ukraine "About mortgage", the property which belongs to the claimant as the resolution of the Supreme Arbitration Court of Ukraine of 25.06.2001 on another matter of N10/145-5/1/182-4/3/793, to the claimant - Hersonsnabsbyt Ltd is forbidden to perform actions for alienation of its property before adoption of the decision by court on the specified case cannot be subject of the controversial agreement of mortgage. Considering that subject of pledge cannot be the property which is under prohibition of its alienation, the claimant considers that the disputed agreement of mortgage of 04.02.2005 is subject to recognition by the Civil Code of Ukraine, invalid according to the procedure of Art. 215.
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