EXPLANATIONS OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of March 28, 2002 No. 04-5/367

About some questions of practice of application of the Section XII-1 of the Economic Procedure Code of Ukraine

For the purpose of the correct and identical application of the legislation on review of judgments in cassation procedure the Supreme Economic Court of Ukraine considers necessary to give such

1. According to Article 108 of the Economic Procedure Code of Ukraine (further - GPK) cassation instance is the Supreme Economic Court of Ukraine which reviews the decision of local economic court which took legal effect, and the resolution of Appeal Court according to writs of appeal (representations).

Have the right to provision of the writ of appeal or cassation representation (further - the writ of appeal) according to the party from case and the prosecutor (Article 107 GPK).

Persons who were not recruited in case have the same right if the court made the decision or the resolution which concerns their rights and obligations, including the citizens who are not subjects of business activity.

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

In case of appeal by several persons in the procedure for the resolution of Economic Court of Appeal established by GPK, all claims which meet the requirements of HPK are accepted by cassation instance in production, and are considered in one cassation production. On each of them determination about acceptance in production or about its return is taken out.

3. The cassation instance has no right to return the writ of appeal (representation) by the cover letter or by other method which is not provided by the law.

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