INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of November 27, 2006 No. 01-8/2651

About some questions of purpose of judicial examinations

Economic courts of Ukraine

Due to the origin in court practice of questions concerning purpose of judicial examinations the Supreme Economic Court of Ukraine considers necessary to pay attention to the following.

1. Judicial examination shall be appointed only in case of the valid need for special knowledge for establishment of data which enter proof subject i.e. in case expert opinions cannot replace other evidentiary facts.

2. Taking into account requirements of part three of Article 41 of the Economic Procedure Code of Ukraine (further - GPK) the economic court charges conducting judicial examinations to the organizations and persons specified in Articles 7, 9 and 10 Laws of Ukraine "About judicial examination";

3. Resolving issue of purpose of judicial examination, the economic court needs to request from the parties of the offer of rather specific public specialized expert institutions and/or court experts who are not employees of the specified organizations. The economic court is not connected by these offers, but shall consider them in permission of question of appointment and carrying out expert research.

4. About purpose of judicial examination the decision in which, except the data provided by part two of article 86 HPK are specified, in particular is passed:

the facts of the case which matter for conducting judicial examination;

bases of purpose of judicial examination, in particular, additional or repeated;

the organization or person who is entrusted with the conducting judicial examination;

the list of questions which need explanation;

motives for which offers of participants of legal procedure are rejected;

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