The SCU from February 23, 2017 in the case No. 922/2130/16. Statute of the judicial act: The Supreme Court of Ukraine struck a powerful blow to the Internet publication "League of Law", defining the reason for not accepting the application for revision of the decision of the SACU (court of cassation) to add the applicant to the statement of the ruling itself printed out from the base of the "Liga Zakon".».

 

A printout from this database of a court decision is not accepted by the court as authentic and original text. At the same time, the SCU in its decision did not usually indicate which document (revised resolution) is considered original and authentic and will be accepted in any case.

 


According to Art. 111-19 of the Code of Civil Procedure of Ukraine - "the procedure for filing an application for review of court decisions of commercial courts", an application for review of decisions of commercial courts shall be submitted directly to the SCU, and to such an application, among other things, add - literally: "copies of the court decisions on which the application has been reviewed" and "Copies of various court decisions ...", as an example of the unequal application by courts of cassation of the same rules of substantive and / or procedural law.

 


The keyword "copies". How to prepare these copies, the law does not directly determine. Is it merely a photocopy of the decisions taken, or copies of court decisions certified by a seal of the court that they have approved, possibly copies of the stamp of the business entity that is a party to the dispute, the printing of court decisions from the USRSR, etc.

 


In our case, the judge of Yemtsa AA did not issue a copy of the resolution of the HCGU from such an authoritative base as the "Liga Zakon", although if desired, he could quickly check its existence and the relevance of the text, since the base itself "The League Law" is automatically replenished by court decisions from the site The UAU or the site of the USRSR. One way or another, we have the fact of the refusal of the Armed Forces to accept the application for review on this basis ...…

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