En
+380 show number +38 095 19 19 190
Submit your application

CEC-Supreme Court of Ukraine: what should the economic court find out before rejecting the claim?

The Joint Chamber of the CEC of the Supreme Court of Ukraine spoke out on the motivation for refusals to consider claims.

In the ruling in case No. 910/6642/18 of 06/14/19, the courts were explained what exactly they should find out before deciding to dismiss the claim when considering economic disputes in the context of the application of Art. 16 ECU and part 1 of Art. 2 PECU.

By CEC SCU was found out

The plaintiff filed a claim for recognizing his right to use natural gas on a monthly basis in a specific volume, while the gas itself, in fact, did not exist in nature at the time of the claim, since it was consumed.

The gas supply agreement, concluded earlier by the parties, provided for the transfer of ownership of gas to the consumer after the signing of the acceptance certificates.

Based on these circumstances, the claim of the plaintiff is a requirement to establish a legal fact, which cannot be satisfied in the economic process.

In such a situation, the following stages of protection of rights should be observed:

“1) The Economic Court finds out the fact that the plaintiff has a right or a legitimate interest, and if there is such, it finds out whether this right was violated (not recognized, challenged) by the defendant. 2) If there is a fact of violation, the economic court determines whether the violated right can be protected, and if so, whether the method of protection set forth in the statement of claim is effective”.

In the event that these stages are absent, the court has the right to refuse the claim. The court, having considered this dispute, also indicated to the economic courts that there were no grounds for deviating from the legal conclusions set out in the decisions of the Supreme Court of Ukraine on cases No. 910/6914/17 dated 04.04.2018 and No. 910/6916/17 dated 18.04.2018.

SCU, having analyzed the circumstances of the dispute 

He also pointed out to the courts that the stated claim of the plaintiff was aimed at recognizing the existence of the right in the past, and not recognizing the existing violated right, and only the latter can be renewed and, as a result, implemented in the event of its recognition.

In fact, the requirement for the recognition of a right in the past is aimed at establishing the grounds for the existence of a right (legitimate interest), for the protection of which a person has the right to apply to the court, but in itself it is not an effective way of protection.

Therefore, the rejection of the claim in such a situation is fully justified! Any representation of interests in courts should be based on and on the basis of the above rule.

26.09.2019

305

YOU MAY BE INTERESTED IN
Ukrainian courts are cutting lawyer fees to the maximum

Every self-respecting judge considers it his duty to reduce the lawyer’s fee as much as possible. This “phenomenon” is especially painful for lawyers working on an hourly basis. Why is that? God only knows! God knows, but for human rights defenders – absolutely incomprehensible, because the law and practice of the Armed Forces of Ukraine […]

Is it legal to sublet land bypassing the lessor?

Is the transfer of leased land to sublease without the consent of the owner legal? If so, in what cases? If not, when? What does the law tell us about this and how are litigations resolved between the parties to such legal relations, which, due to ignorance of regulatory rules, violate the law? Thus, lease-contractual […]

You need to pay for heat, even if it is turned off in the apartment

Is the unauthorized disconnection of the apartment from the heating network a basis for canceling charges for heat? The Supreme Court of Ukraine, by a decision on case No. 522/401/15-c of 25/09/19, answered the question in the negative. The consumer is obliged to pay for the service that has not been consumed anyway! Analyzing – […]

The child of divorced parents is an object of struggle for attention

In 99% of 100%, a divorce is a problematic event, and the help of a lawyer in a divorce is a necessity that determines the outcome of the case. The division of property is half the trouble, and the struggle for the attention of children is a real problem. Let’s leave the prefaces. Live situations […]

Secrets of a Successful Legal Consultation: How to Get the Most Out of Your Meeting with an Attorney

Meeting with an attorney is a crucial step in resolving legal issues and successfully protecting a client’s interests. An attorney is a professional who can provide qualified legal assistance and support. But how can you maximize the benefits of your meeting with them and ensure a successful outcome? 1. Studying the Attorney’s Successful Cases First […]

Procedure for judicial debt collection

Judicial debt collection is an important tool for restoring justice and recovering the debt after an unsuccessful settlement of the dispute by peaceful means. This process requires precision, compliance with the law and procedures, and is a legal mechanism. In this article, we will look at the foreclosure procedure and the key rules that must […]