INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of April 9, 2009 No. 01-08/204

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. The voluntary settlement cannot be considered as the agreement in civil understanding and to nullify in claim production as the procedure for its conclusion and approval is regulated by relevant provisions of the Economic Procedure Code of Ukraine.

Approval of the voluntary settlement of the parties by economic court with simultaneous suit abatement is one-act (continuous) legal proceeding and cannot be regarded as two independent acts - separately concerning approval of the voluntary settlement and concerning suit abatement.

The company appealed to local economic court with the invalidation action of the voluntary settlement approved by this court and about renewal of proceeedings.

The decision of economic court of the first instance left without changes of appeal and cassation instances by economic courts, claims are satisfied partially, the voluntary settlement with reference to discrepancy to its requirements of the law is nullified.

Canceling the decision of economic courts of the previous degrees of jurisdiction on case and transferring him to new trial to economic court of the first instance, the Supreme Court of Ukraine proceeded from the following.

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