INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of November 20, 2008 No. 01-8/685

About practice of application in resolution of disputes of some regulations of the current legislation

(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 the current legislation and found display in its resolutions.

1. Cases on the disputes connected with protection of the civil laws and obligations on the parcel of land which is used in economic activity in which business entities participate are subordinated to economic courts.

The private company appealed to economic court with the claim for recognition invalid decisions of village councils concerning transfer into the ownership of the company of the parcels of land and recognition invalid the state acts of the property right to the earth issued based on these decisions.

By local economic court the claim it is refused with reference to the fact that subject of consideration of this case is, in particular, appeal of decisions of local government bodies and therefore the dispute over case has public character and shall be considered by the rules established by the Code of administrative legal proceedings of Ukraine. At the same time the court referred to Article part one 2, Item 7 parts one of Article 3 and Item 6 of Final and transitional provisions of the called Code.

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