of February 18, 2013 No. 01-06/374/2013
Economic courts of Ukraine
About practice of resolution of disputes, connected with agreement performance of the contract (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 solved by economic courts on which judgments are reviewed in cassation procedure by the Supreme Economic Court of Ukraine goes.
1. The works agreement can be signed by the simplified method by signing of acts of delivery acceptance of the performed works.
The customer addressed the contractor with the action of debt. Claims are proved by violation by the contractor of agreement obligations of the contract, concluded by the simplified method by signing of acts of delivery acceptance of the performed works.
Leaving without changes of the decision of economic courts of the first and appeal instances which satisfy claims, the Supreme Economic Court of Ukraine noted it.
According to part one of article 181 of the Economic code of Ukraine (further - HK of Ukraine) the economic agreement by the general rule is stated in the form of the single document signed by the parties and fastened with seals. The conclusion of economic agreements by the simplified method, that is by exchange of letters, faxes, telegrams, telephone messages, etc., and also by confirmation of acceptance is allowed to accomplishment of orders if special requirements to form and procedure for the conclusion of this agreement type are not established by the law.
Thus, signing of acts of delivery acceptance of the performed works testifies to the conclusion of the works agreement by the simplified method, and this agreement is the basis for origin at its parties of imushchestvennokhozyaystvenny obligations (see the resolution of the Supreme Economic Court of Ukraine of 11.05.2012 No. 21/5005/14068/2011).
2. It is withdrawn according to the Letter of the Supreme Economic Court of Ukraine of 12.03.2013 No. 01-06/473/2013
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