SURVEY LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of April 4, 2008 No. 01-8/205

About practice of application by economic courts of the legislation on advertizing

(on the materials considered in cassation procedure by the Supreme Economic Court of Ukraine)

According to the procedure of information and for accounting in hearing of cases on the disputes connected using the legislation on advertizing the overview of the cases solved by economic courts on which judgments are reviewed in cassation procedure by the Supreme Economic Court of Ukraine is sent.

1. The fact of placement of external advertizing shall be without the permission proved by due means of proof.

The executive committee of city council appealed to economic court with the claim for duty of the subject of business activity to execute the decision of executive committee of city council concerning establishing order in placement of objects of external advertizing in the territory of the city by dismantling of advertizing means.

The decision of local economic court of the subject of business activity decisions of executive committee of city council by dismantling of advertizing means obliged to fulfill requirements in a month. In adoption of the specified decision the court with reference to article 16 of the Law of Ukraine "About advertizing" (further - the Law), article 42 of the Law of Ukraine "About improvement of settlements", instructions of Standard rules of placement of external advertizing (N 2067, - Standard rules are approved further by the resolution of the Cabinet of Ministers of Ukraine of 29.12.2003), etc. recognized that the defendant breaks procedure for placement of external advertizing and requirements of the decision of executive committee of city council are not fulfilled.

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