DETERMINATION OF THE KIEV ECONOMIC COURT OF APPEAL OF UKRAINE

of May 17, 2007 No. 21/638-A

Name of Ukraine

The Kiev Economic Court of Appeal as a part of board of judges:

the chairman - Maletich M. M.,

judges,

in case of the secretary,

with participation of representatives:

the claimant - [...],

chairman of the board,

the protocol No. 1 of 26.04.2004,

the defendant - [...], the third party - [...], considered in proceeding in open court the petition for appeal of Credit union of Dnepropetrovshchina on the resolution of economic court of Kiev of 24.01.2007 in the matter of No. 21/638-A in the claim of Credit union of Dnepropetrovshchina to State commission on regulation of the markets of financial services of Ukraine, the third party - the Ministry of Justice of Ukraine, about recognition of the act illegal and such which does not answer the regulatory legal act.

Essence of the decision and claim:

The credit union of Dnepropetrovshchina (further - Credit union, the Claimant) appealed to economic court of the city of Kiev with the claim to State commission on regulation of the markets of financial services of Ukraine (further - the Commission, the Defendant), the third party without independent requirements on the party of the defendant: The Ministry of Justice of Ukraine (further - the Ministry, the Third party), about recognition of the act illegal and such which does not answer the regulatory legal act.

By the resolution of economic court of the city of Kiev of 24.01.2007 in the matter of No. 21/638-A satisfaction of the claim it was refused.

Without agreeing with the court order, the Credit union of Dnepropetrovshchina made about it the petition for appeal in which it asked to repeal the resolution of economic court of the city of Kiev of 24.01.2007 in the matter of No. 21/638-A and to collect the court costs incurred by the Claimant at the expense of the government budget.

In reasons for the requirements the Claimant referred to the fact that the disputed resolution of economic court of the city of Kiev is illegal and unreasonable as the court incorrectly established circumstances on case and is incomplete the proofs moving the parties for consideration of court that is the bases for cancellation of such judgment are researched.

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