THE LETTER OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of January 16, 2013 No. 10-72/0/4-13

About some questions of application of regulations of GPK

Having considered the letter of the chairman of Appeal Court of the Luhansk region on some matters of argument of application of regulations of civil procedural law, the trial chamber on civil cases of the Supreme specialized court of Ukraine on consideration of civil and criminal cases specifies the following.

1. Question: Whether the injunction can be issued if the requirement about collection of the amounts of the penalties (penalty fee) added according to the additional service provision agreement is declared?

Answer: The question of application of regulations of the civil procedural legislation regulating mandative production is considerably reflected in the resolution of plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases of December 23, 2011 No. 14 "About practice of consideration by courts of statements according to the procedure of mandative production" (further - the Resolution of plenum). Single questions of application of regulations of the civil procedural legislation regulating mandative production it is also explained in the information letter of VSSU of May 03, 2012 to No. 6-27/0/9/-12.

According to Item 3 parts one of Article 96 GPK the writ can be published if the requirement about debt collection for payment of housing and communal services, telecommunication services, services of television and broadcasting taking into account the inflation index and three annual interest rates added by the applicant on outstanding amount is declared.

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