INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of March 12, 2009 No. 01-08/163

About some questions which are brought up in reports about work of economic courts of Ukraine in the second half of the year 2008 concerning application of regulations of the Economic Procedure Code of Ukraine

Based on studying of reports about work of economic courts of Ukraine in the second half of the year 2008 the Supreme Economic Court of Ukraine performed generalization of the questions which are brought up in reports concerning application in resolution of disputes of some regulations of the Economic Procedure Code of Ukraine (further - HPK) and considers to bring expedient answers to the specified questions to the attention of economic courts of Ukraine.

I. Questions of jurisdiction and cognizance of cases to economic courts

1. Whether are subordinated to economic courts of case on disputes over claims of subjects of housekeeping on recognition invalid decisions of tender committees of executive bodies and local government bodies?

The economic cases on disputes between subjects of housekeeping and public authorities and local self-government connected with recognition invalid the agreements signed by carrying out the public biddings (auction), including agreements concerning purchase and sale and land lease and also acts of carrying out the corresponding biddings or auction are subordinated to economic courts in accordance with general practice (the last paragraph of Item 3 of recommendations of presidium of the Supreme Economic Court of Ukraine of 27.06.2007 No. 04-5/120 "About some questions of jurisdiction and cognizance of cases to economic courts", in edition of recommendations of presidium of the Supreme Economic Court of Ukraine of 29.12.2008 No. 04-5/277).

2. Whether are subject to consideration by economic courts of the requirement about recognition invalid the auction held on accomplishment of the judgment according to the Law of Ukraine "About enforcement proceeding"?

Economic cases on the disputes connected with recognition invalid agreements (transactions, agreements), the public biddings, and also acts of carrying out the corresponding biddings signed by carrying out according to the procedure of implementation of enforcement proceeding are subordinated to economic courts in accordance with general practice.

Consideration of the corresponding cases is performed by economic courts by rules HPK.

3. Whether disputes on recognition invalid acts of the state and other bodies are subject to the decision economic courts?

In the solution of appropriate questions economic courts need to consider stated in:

- recommendations of presidium of the Supreme Economic Court of Ukraine of 27.06.2007 No. 04-5/120 "About some questions of jurisdiction and cognizance of cases to economic courts", in particular, in Items 2, 3, 5, 7 - 15, 25 of these recommendations;

- recommendations of presidium of the Supreme Economic Court of Ukraine of 28.12.2007 No. 04-5/14 "About practice of application of the legislation in hearing of cases which arise on the corporate relations", in particular, in Item 1 (with subitems) these recommendations;

- Item 1 of recommendations of presidium of the Supreme Economic Court of Ukraine of 29.10.2008 No. 04-5/247 "About some questions of practice of application of the competitive legislation".

4. Whether are subject to consideration in economic courts of case on the disputes connected with offenses in the field of town-planning?

Article 4 of the Law of Ukraine "About responsibility of the companies, their associations, organizations and organizations for offenses in the field of town-planning" provides that the decision on cases on the offenses in the field of town-planning provided by this Law can be appealed in economic court. At the same time accomplishment of the resolution on imposing of penalty stops before adoption of the relevant decision or determination by economic court.

According to part two of article 2 of the Code of administrative legal proceedings of Ukraine in administrative courts any decisions, actions or divergence of subjects of powers of authority can be appealed, except cases when concerning such decisions, actions or divergence the Constitution or the laws of Ukraine establish other procedure for judicial proceedings. And according to part two of article 4 of the called Code jurisdiction of administrative courts extends to all public disputes, except disputes for which other procedure for the judgment is established by the law.

Taking into account cited case on the disputes connected with appeal of decisions of state bodies concerning offense in the field of town-planning are subordinated to economic courts and are subject to consideration by rules HPK.

5. Whether are subordinated to economic courts of case on claims of bodies of the State Tax Service on the termination of activities of legal entities and cancellation of their state registration?

In Item 3 of recommendations of presidium of the Supreme Economic Court of Ukraine of 27.06.2007 No. 04-5/120 "About some questions of jurisdiction and cognizance of cases" is specified to economic courts that economic courts solve the disputes connected with recognition invalid constituent documents, the termination of activities of the legal entity and cancellation of its state registration - except the corresponding disputes over claims of subjects of powers of authority.

Therefore, cases on disputes about which it is in the brought-up question are not subordinated to economic courts as in the corresponding legal relationship the body of the State Tax Service acts as subject of powers of authority.

6. Whether are subordinated to economic courts of case on the disputes connected with recognition invalid decisions of local government bodies on provision or seizure of land with withdrawal of self-willedally busy parcels of land?

In Item 15 of recommendations of presidium of the Supreme Economic Court of Ukraine of 27.06.2007 No. 04-5/120 "About some questions of jurisdiction and cognizance of cases" is specified to economic courts, in particular:

"Economic courts consider cases on disputes which arise on land relations in which business entities as the earth is object of the civil laws and obligations participate and is used in economic activity based on civil agreements. It is necessary to refer the cases connected with protection of the property right or use of the earth in which, protecting the civil laws and interests protected by the law, business entities participate to such cases.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info