of July 21, 2016 No. 01-06/2511/16
Economic courts of Ukraine
About modification of Item 9 of 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)"
Due to the origin in court practice of questions on application of 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 to Item 9 of 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)":
State Item 9 in the following edition:
"The part four of article 10 of the Law carries to jurisdiction of economic courts all receivership proceeding with requirements to the debtor, including disputes on recognition invalid any bargains (agreements) concluded by the debtor; collection of the salary; recovery at work official and officials of the debtor. Exception are the disputes connected with determination and payment (collection) of the monetary commitments (tax debt) determined according to the Tax code of Ukraine, and also cases on disputes on recognition invalid transactions (agreements) if with the corresponding claim the monitoring body determined by the Tax code of Ukraine addresses in pursuance of the powers. This regulation is corresponded to Item provisions 7 parts one of article 12 HPK and applied irrespective of subject structure of the parties.
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