RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of March 28, 2007

About money recovery

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 19.07.2007 it is refused to open production on review)

Case No. 02-7/139-14/148/06

NAME OF UKRAINE

The Supreme Economic Court of Ukraine as a part of board of judges:

the chairman - Kravchuk G. A.

judges: Machulsky G. M., Shargal V. I.

having considered the writ of appeal of Phoenix Private enterprise in proceeding in open court

on the resolution of the Zaporizhia Economic Court of Appeal of 17.10.2006.

on case N02-7/139-14/148/06

economic court of the Zaporizhia region

in the claim of Phoenix Private enterprise to

1) to Department of the public executive service in Shevchenkovsky district Zaporizhia,

2) to Management of the State Treasury in Shevchenkovsky district Zaporizhia

about collection of the 10th 200, 00 UAH of losses

representatives took part in judicial session:

claimant: Kulikov K. A., Dov. N/N of 22.07.2006;

defendant-1: - were not;

defendant-2: - were not;

ESTABLISHED:

In January, 2006. The Phoenix private enterprise (further the Company) appealed to economic court of the Zaporizhia region with the action for declaration in which it asked to collect from Department of the public executive service in Shevchenkovsky district Zaporizhia (further - Department) the 10th 200, 00 UAH of the loss caused by failure to carry out of the judgment from February till September, 2005.

The Company proved claims by the fact that because of divergence of Department which actually consisted in refusal of accomplishment of the decision of economic court of the Zaporizhia region of 04.01.2005 based on the order N10/542 of 15.01.2005 damage in the amount of 10 200,00 g which are subject to collection based on regulations of Civil Code of Ukraine was caused to it.

By the decision of economic court of the Zaporizhia region of 10.07.2006 (judge Horolets T. G.) satisfaction of claims of the Company it is refused.

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