of May 15, 2007
About recognition by the bankrupt
(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. B-39/175-05
NAME OF UKRAINE
The Supreme Economic Court of Ukraine as a part of board of judges: Yatsenko O. V. - the chairman (the speaker on case), Katerinchuk L. O., Kravchuk G. A.
having considered the writ of appeal of the State tax authorities in the Kiev district of Kharkiv
on determination of economic court of the Kharkiv region of 22.01.2007.
on case NB-39/175-05 of economic court of the Kharkiv region
according to the statement of Shamshu Limited liability company, Kharkiv
to Apedemak Limited liability company, Kharkiv
about recognition by the bankrupt
agents of the parties took part in judicial session
from Apedemak LLC - Zagrebelny G. S. Dov./N of 17.01.2007.
ESTABLISHED:
Determination of economic court of the Kharkiv region of 22.01.2007 (judge Krestyaninov O. O.) on case NB-39/175-05 liquidates the legal entity - Apedemak Limited liability company. Proceeedings are stopped. It is terminated the moratorium on satisfaction of requirements of creditors.
Without agreeing with above-mentioned determination, the State tax authorities in the Kiev district of Kharkiv made the writ of appeal in which it asks to cancel determination of economic court of the Kharkiv region of 22.01.2007 on this case as accepted with violation of regulations of substantive and procedural law.
Judicial board, having heard the report of the judge Yatsenko O. V., having considered available case papers, having discussed arguments of the writ of appeal, having checked legal evaluation of the facts of the case and completeness of their establishment, having researched correctness of application by court of the previous instance of regulations of the procedural and substantive right, came to conclusion about lack of legal basis for satisfaction of the writ of appeal, proceeding from the following.
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