of June 2, 2006 No. 01-8/1228
About some questions of practice of application of regulations of the Economic Procedure Code of Ukraine which are brought up in reports about work of economic courts in 2005
Based on studying of reports about work of economic courts of Ukraine in 2005 the Supreme Economic Court of Ukraine performed generalization of the questions which are brought up in reports on application in the dispute resolution of some regulations of the Economic Procedure Code of Ukraine (further - GPK) and considers to bring expedient answers to the specified questions to the attention of economic courts of Ukraine.
1. Whether the bodies specified in article 4 of the Decree of the Cabinet of Ministers of Ukraine "About the state fee" shall pay the state fee, appealing to economic court based on regulations of Civil or Economic codes of Ukraine?
In subitem 4.7 of item 4 of explanation of presidium of the Supreme Arbitration Court of Ukraine of 04.03.1998 No. 02-5/78 "About some questions of practice of application of the Section VI of the Economic Procedure Code of Ukraine" is specified that when separate bodies about which it is in article 4 of the Decree of the Cabinet of Ministers of Ukraine of 21.01.1993 No. 7-93 "About the state fee" appeal to economic court not in connection with accomplishment of the powers of authority, they shall pay the state fee in general procedure.
Therefore, if the relevant organ appeals to economic court based on regulations of Civil or Economic codes of Ukraine concerning the title document (the economic agreement) which party is this body (in connection with purchase and sale, lease, the contract and so forth), it shall pay the state fee in accordance with general practice.
2. Whether it is possible, considering instructions of part four of Article 22 GPK, simultaneous change of the bases and subject of action?
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