RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of July 10, 2014 No. 6

About modification and amendments in some resolutions of plenum of the Supreme Economic Court of Ukraine

According to Item "About judicial system and the status of judges" the plenum of the Supreme Economic Court of Ukraine decides 6 parts two of article 36 of the Law of Ukraine:

Due to the changes which happened in the legislation of Ukraine, and with questions which arise in court practice on application of regulations of substantive and procedural law by economic courts, to make the following changes and additions to some resolutions of plenum of the Supreme Economic Court of Ukraine.

1. In Item 2 of the resolution of plenum of the Supreme Economic Court of Ukraine of 17.05.2011 No. 6 "About some questions of practice of hearing of cases on the cases arising from land relations":

1.1. The fourth subitem 2.19 to add the paragraph with the offer of the following content: "If with limiting change of the amount of the rent the same changes in the procedure established by the law are not brought in the lease agreement, then the corresponding term of the contract is subject to application.";

1.2. Add with subitem 2.19-1 of the following content:

"2.19-1. If in the land lease agreement of the party determined that the lessee shall index independently annually the amount of the rent according to indexation of normative money value of lands according to the current legislation, and it did not execute or executed in an inadequate way the obligations by calculation of the amount of the rent and it led to emergence of debt, then taking into account requirements of part one of Article 15, of parts one and the second article 21 of the Law of Ukraine "About lease of land", Article 526 of Civil Code of Ukraine and article 193 HK of Ukraine such debt is subject to collection from the lessee in the claim of the lessor".

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