Resolving commercial disputes in the economic crisis (legal aspects) \u0026nbsp;
Today, when many small and medium business (and sometimes state-owned enterprises) are not always enough money for full and timely payments to contractors under contracts that are increasingly the result of critical processes in the domestic economy, increasingly question of debt collection with definite entities with legal mechanisms . In this article we will analysis of possible measures of legal influence for violators of commercial obligations and provide for the steps businesses, Copyright were affected .
Article 1 of the Economic Procedural Code of Ukraine (hereinafter referred to in Article GIC) provides that enterprises, institutions, organizations and other entities (including foreign) people who engage in business activities without establishing a legal entity and in due course acquired the status of the subject business have right to appeal to the commercial court accordance with established jurisdiction Commercial Affairs for protection of their affected or disputed rights and legally protected interests, but also to take measures stipulated by this Code to prevent offense.
Appeal to Court without any of the events pretrial settlement of commercial disputes made possible by appropriate amendments to the GIC, and in particular its Article 5, which now provides that the parties used measures of pretrial settlement commercial dispute by agreement among themselves. But we can not definitely say that this simplified procedure, so to speak, \u0026quot;easier life\u0026quot; companies, whose rights are infringed, and especially commercial courts . In most courts rule principles, namely that the past in cases paying attention to the elucidation of whether the parties tried to resolve the dispute out of court and how the parties were active in this. Often this is a determining factor courts in making decisions not in favor of parties pozyvayutsya the courts . The first reason is that the parties turn to the courts , Agreeing among themselves about pre-trial settlement of disputes (before go to court ) In economic contract . Another reason for the above behavior Courts is particularly insufficient evidence Submitted by the plaintiff if the case is considered in Article 75 of the GIC (in case unrepresented reference to the statement of claim and demanded the court documents ) In the case of existing materials.
Not in favor of the party that wants to summon to court protection of their violated rights are and what filing claim must precede the payment of state duty, the amount of which is sometimes very significant (1% claim to 25000 USD).
So we can see the benefit pretrial settlement of commercial disputes There are many arguments. In our opinion, before to court Should explain whether your debtor is in the process of liquidation (bankruptcy) . There Legal Tools By lawyer Through which you can impose a temporary ban upon liquidation the debtor. After committing data to action contact with the debtor\u0026#39;s claim Form and procedure for filing a set GIC. In addition to the amount of principal debt from the debtor can to request recovery of penalties That regulated articles 625 and 231 of the Civil Commercial Code of Ukraine. And this: 3%, fine, inflation, 0.1% of the outstanding obligations and 7% of the outstanding obligation (in case of delay of more than 30 days).
Only in case of failure to pay amounts owed the guilty parties held after the above pre-trial settlement activities , We suggest you contact the Commercial Court . You will be on hand all necessary evidence Which will be decisive to court when making decisions.
Advocates of economic affairs law firm Yulyeks \u0026quot; You can help your legal advice in addressing issues making claims , Submitting Requests to authorities preparation and filing of claims and maintenance of commercial affairs at all stages.