INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of December 14, 2007 No. 01-8/973

About some questions of practice of application in resolution of disputes of separate regulations of procedural law

The Supreme Economic Court of Ukraine, having performed generalization of questions on application in resolution of disputes of some regulations of procedural law, considers to bring expedient the legal line items on the specified questions to the attention of economic courts of Ukraine.

1. Cases on disputes on confutation of unreliable information in which parties are the faces specified in Article of 1 GPK belong to jurisdiction of economic courts.

1, of 12, of Item of 1 part one of Article 62 GPK were refused by economic court based on articles adoption of the action for declaration about protection of honor, advantage, goodwill and confutation of unreliable information for those motives that disputes on confutation of data are not subordinated to economic courts.

Cassation instance, having cancelled the corresponding judgment with case referral for consideration in Trial Court, specified, in particular, about it.

According to part one of Article 16 of the Civil code of Ukraine (further - the Civil Code of Ukraine) each person has the right to take a legal action behind protection of the personal non-property or property right and interest. The part two of this Article determines methods of protection of civil are right also interests.

Considering provisions of the specified regulation and the principle of dispositivity in economic legal proceedings the claimant has the right to freely choose methods of protection violated the right or the interest and, in particular, to determine the defendant in the requirements and so forth.

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