INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of February 27, 2012 No. 01-06/224/2012

About amendment to the Information letter of the Supreme Economic Court of Ukraine of 15.03.2011 No. 01-06/249 "About resolutions of the Supreme Court of Ukraine, the judgments of economic courts made by results of review"

In addition to the Information letter of the Supreme Economic Court of Ukraine of 15.03.2011 No. 01-06/249 "About resolutions of the Supreme Court of Ukraine, the judgments of economic courts made by results of review" we report the legal line items of the Supreme Court of Ukraine stated in resolutions, the judgments of economic courts made by results of review according to the procedure, provided by the Section XII-2 of the Economic Procedure Code of Ukraine, in disputes:

1) concerning the conclusion, changes, termination, recognition invalid agreements:

- the arrangement of the parties on agreement cancelation of leasing does not exclude carrying out between the parties of payment under obligations which arose before agreement cancelation, including application of measures of property responsibility for failure to carry out (inadequate accomplishment) of obligations taking into account terms of the contract and structure of leasing payments (the resolution of 19.12.2011 No. 7/114/10);

2) in the field of insurance activity:

- The law of Ukraine "About compulsory insurance of civil responsibility of owners of land vehicles" (in the edition operating for the period of emergence of disputable legal relationship) did not contain the bases for refusal in satisfaction of the requirement of the insurer who paid insurance indemnity, to person responsible for the caused loss, about compensation of the actual amounts paid to them in the limits provided by the agreement of compulsory insurance of civil responsibility and determines availability of the right of the insurer to submission of the recourse action (resolutions of 07.11.2011 No. 48/562, of 30.01.2012 No. 23/106);

3) the monetary commitments resulting from violation:

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