of August 7, 2013 No. 01-06/1149/2013
About modification and amendments in the Information letter of the Supreme Economic Court of Ukraine of March 28, 2013 No. 01-06/606/2013 "About the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (in edition of the Law of Ukraine of December 22, 2011 No. 4212-VI)"
Economic courts of Ukraine
Due to the origin in court practice of the questions connected using the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (in edition of the Law of Ukraine of 22.12.2011 No. 4212-VI), the Supreme Economic Court of Ukraine considers necessary to make such changes and additions to the Information letter of the Supreme Economic Court of Ukraine of 28.03.2013 No. 01-06/606/2013 "About the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (in edition of the Law of Ukraine of 22.12.2011 No. 4212-VI)".
1. To add paragraph two of Item 6 with the offer of such content: "The corresponding instruction concerns, in particular, suit abatement about bankruptcy based on Items 4-7 of part one of article 83 of the Law".
2. The first offer of paragraph one of Item 9 after the words "reclamation of property from others adverse possession" to add with sign and words ", the disputes connected with property requirements of participants (shareholders) to the debtor".
3. Add Item 12 with new paragraphs the third and fourth such content:
"It must be kept in mind that the application for opening of proceeedings for bankruptcy is submitted by the debtor only in the presence of the property sufficient for covering of court costs (part four of article 11 of the Law). In determination of such expenses it is necessary to consider need of payment of remuneration to the arbitration manager for the minimum size at least in twelve months of its work, expense recovery for the publication of announcements on case and the court fee paid by creditors.
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