of December 30, 2011 No. 01-06/1872
About practice of application by economic courts of the legislation on delivery of electrical energy (on materials of the cases considered in cassation procedure by the Supreme Economic Court of Ukraine)
According to the procedure of information and for accounting in hearing of cases the overview of the disputes over the cases connected using the legislation on delivery of electrical energy solved by economic courts of Ukraine on which judgments are reviewed in cassation procedure by the Supreme Economic Court of Ukraine is sent.
1. The act of ecological, emergency and technological armor of electric utility service of the consumer is not either the transaction, or the act in understanding of Article 12 of the Economic Procedure Code of Ukraine (further - HPK of Ukraine) as does not generate, does not change and does not stop any civil legal relationship.
Regional power appealed to economic court with the claim to the Utility company for recognition invalid the act of ecological, emergency and technological armor of power supply of the consumer invalid.
Proceeedings by local economic court were stopped with reference to Item of 1 part one of article 80 HPK because this dispute is not subject to consideration in economic courts of Ukraine, proceeding from the following.
Methods of protection of the civil laws and interests are determined by Article 16 of the Civil code of Ukraine (further - the Civil Code of Ukraine). By this regulation it is determined that the court can protect the civil law or interest otherwise that established by the agreement or the law.
Article 20 of the Economic code of Ukraine (further - HK of Ukraine) as method of protection of the rights of subjects of managing provides recognition fully or partially invalid acts of public authorities and local government bodies, acts of other subjects contradicting the legislation, infringing the rights and legitimate interests of subjects of managing or consumers.
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