INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of October 16, 2008 No. 01-8/626

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. Recovery of the passed term on submission of the petition for appeal (representation) is possible only within three months from day of decision making by local economic court.

Leaving determination of Appeal Court to which it is refused adoption of the petition for appeal, court of cassation instance without changes recognized that the corresponding complaint was made after the termination of three months from day of adoption of the appealed decision of local economic court that according to part two of Article 93 of the Economic Procedure Code of Ukraine (further - HPK) excludes possibility of review of the judgment in appeal procedure.

The Supreme Court of Ukraine, proceeding from the following agreed with it.

According to part one of article 91 HPK of party litigant have the right to make the petition for appeal, and the prosecutor - appeal representation to the decision of local economic court which did not take legal effect.

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