INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 21, 2009 No. 01-08/33

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.

I. 1) Cases on disputes on recognition invalid decisions of local government bodies which violate the rights of subjects of housekeeping to use of the parcel of land are subordinated to economic courts.

2) Recognition invalid decisions of local government body as the method of protection of the violated rights answers instructions of the current legislation.

The open joint stock company appealed to economic court with the claim for recognition partially invalid decisions of city council as it which does not meet the requirements of Articles 12, of 93, of 116, of 140, of 141, 142 Land codes of Ukraine and article 26 of the Law of Ukraine "About local self-government" and violates the right of permanent use of the parcel of land.

Reviewing the resolution of the Supreme Economic Court of Ukraine to which the corresponding case is submitted on new trial to Trial Court with reference to the wrong choice by the claimant of method of protection of the violated rights and obligations, the Supreme Court of Ukraine noted, in particular, the following.

Subject of action on case is recognition invalid decisions of local government body which contradicts the legislation and violates the rights and legitimate interests as deprives of the claimant of the right of permanent use of the parcel of land.

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