RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of December 22, 2006 No. 9

About practice of application by courts of the civil procedural legislation in case of consideration of the applications on providing the claim

Providing the claim is set of legal proceedings which guarantee accomplishment of the judgment in case of satisfaction of claims.

Exact and steady observance by courts of Ukraine of regulations of the current legislation in case of consideration of the applications about providing the claim is necessary condition of implementation of tasks of civil legal proceedings which consist in fair, impartial and timely treatment and the solution of civil cases for the purpose of protection of the broken, unrecognized or disputed rights, freedoms or interests of physical persons, the rights and interests of legal entities, interests of the state.

For the purpose of identical and correct application of the current legislation concerning providing the claim the Plenum of the Supreme Court of Ukraine decides to make to courts such explanations:

1. Draw the attention of courts that on content p.1 Art. 151 of the Code of civil procedure of Ukraine (further - GPK) the single basis for providing the claim is the corresponding petition in the form of the reasoned statement of any of persons who participate in case.

Providing the claim is allowed at any stage of consideration of the case after opening of production on it (except for the case provided by the p. 4 of the Art. of 151 GPK) if rejection of measures of providing can complicate or make impossible judgment accomplishment.

2. Resolving issue concerning application of certain type providing the claim, courts shall recognize that the list of types of such providing provided in p.1 Art. 152 GPK is not exhaustive therefore in the presence of the corresponding petition also other its types, but taking into account the restrictions set by the p. 4 of the specified Article can be applied. It is inadmissible to provide the claim by stop of accomplishment of judgments which took legal effect.

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