INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of August 6, 2008 No. 01-8/471

About some questions of practice of application in resolution of disputes of separate regulations of procedural law (on the materials considered by the Supreme Court of Ukraine)

For the purpose of ensuring identical and correct court practice we consider necessary to inform economic courts legal line items which are connected using the Supreme Court of Ukraine of some regulations of procedural law and found display in its resolutions.

1. Non-compliance with part two of article 188 of the Economic code of Ukraine by the claimant of requirements concerning obligation to send to other party of the offer on agreement cancelation does not deprive of the claimant of the right to take a legal action behind protection of the violated right by making of the direct action of rescission of the agreement.

The part two of article 188 of the Economic code of Ukraine provides that the agreement party which considers necessary to change or break off the agreement, shall send offers on it to the second agreement party.

In consideration of the case, connected using, in particular, the given regulation, the Supreme Court of Ukraine noted the following.

According to part two of article 124 of the Constitution of Ukraine jurisdiction of courts extends to all legal relationship which arise in the state.

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