EXPLANATIONS OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of 28.03.2002 No. 04-5/366

About some questions of practice of application of the Section XII of the Economic Procedure Code of Ukraine

For the purpose of the correct and identical application of the legislation on review of judgments in appeal procedure the Supreme Economic Court of Ukraine considers necessary to make such explanations.

1. According to Article 92 of the Economic Procedure Code of Ukraine (further - GPK) review according to the petition for appeal or appeal representation of the prosecutor of the decision of local economic court performs Economic Court of Appeal which powers extend to the territory of finding of the relevant local economic court. Such territories are determined by the Presidential decree of Ukraine of 11.07.2001 No. 511/2001 "About formation of Economic Courts of Appeal and approval of network of economic courts of Ukraine" (with subsequent changes and amendments).

2. Have the right to the address with the petition for appeal or appeal representation (further - the petition for appeal) according to party litigants and the prosecutor (Article of 91 GPK.)

Persons who were not recruited on case by local economic court have no right to submission of the petition for appeal even in cases if this court made the decision on their rights and obligations. However the corresponding persons have the right to make the writ of appeal based on article 107 HPK.

3. The question of acceptance or return of the petition for appeal is solved board of judges without messages to the parties and the prosecutor which participate in case. By results of permission of appropriate question the decree is issued.

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