RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of October 24, 2011 No. 11

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

According to Item "About judicial system and the status of judges" the plenum of the Supreme Economic Court of Ukraine DECIDES: 6 parts two of article 36 of the Law of Ukraine

For the purpose of ensuring identical and correct application of the legislation on review of judgments in cassation procedure to make to economic courts of Ukraine such explanations.

1. The writ of appeal is submitted in the Supreme Economic Court of Ukraine as court of cassation instance only through Economic Court of Appeal (Articles 108, 109 Economic Procedure Codes of Ukraine, further - HPK).

If the writ of appeal is mistakenly made through local economic court in which there are case papers, the last instantly sends this claim together with case papers to Appeal Court for accomplishment of requirements of part two of article 109 HPK by it.

According to part five of article 85 HPK the decision of local economic court appealed in appeal procedure if it is not cancelled, takes legal effect after consideration of the case by Economic Court of Appeal. The resolution of appellate instance takes legal effect from the date of its acceptance (part three to article 105 of the called Code). Therefore, for the purpose of proper ensuring accomplishment of judgments which took legal effect economic courts need to proceed from it.

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