SCCU withdrew its clarification regarding protection of rights through recognition of certificate of completion invalid

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March 2013

 

Earlier, the Supreme Commercial Court of Ukraine (SCCU) in paragraph 2 of the letter dated 18.02.2013 № 01-06/374/201 explained that an act of acceptance of executed contract work is not a deal within the meaning of part 2 of art. 202 of the Civil Code. Therefore, such method of rights protection as avoiding the act of acceptance is improper (judgment the SCCU dated 17.08.2011 № 14/5025/192/11).

However, by an informational letter dated 12.03.2013 № 01-06/473/2013 the SCCU withdrew paragraph 2 of the letter dated 18.02.2013 "On the practice of resolving disputes related to contract works execution (based on cassation cases heard by the Supreme Commercial Court)".

The clarification was withdrawn because the SCCU deemed necessary the further examination and adaptation of the rule.