The Supreme commercial court of Ukraine has clarified some legal views

/07
May 2013

 

The Supreme commercial court of Ukraine (hereinafter – the SCCU) published the Informational letter dated 04/24/2013 № 01-06/757/2013 (hereinafter – the Letter) concerning the amendment of the Informational letter ‘’On decrees of the Supreme Court of Ukraine, adopted on the review of judicial decisions of commercial courts’’.

In particular, the SCCU explained legal aspects of competition, insurance, property, obligatory and other relationships.

Regarding the competition law, the SSCU has determined, that according to the provisions of the Law of Ukraine ‘’On the Antimonopoly committee of Ukraine’’ and the Order on the territorial department of the Antimonopoly committee of Ukraine (hereinafter – the ACU), the territorial department of the ACU within it’s authority has the right to demand from the legal entities information, that is necessary for the relevant market researches. Thus, legal entities are obliged to provide such information in prescribed periods. Non-fulfillment of the decisions, orders and requirements of a department of the ACU entails the liability.

Concerning the property law, it was pointed, that the legislation does not provide the possibility of a debtor's property ownership right transfer to an investor through a settlement agreement in the bankruptcy.

Besides, the Letter clarified legislative rules in the sphere of financial leasing, fulfillment and violation of commercial contracts.