Regarding: Regarding the possibility of "statement of mistrust" to a Head of the Local State Adminitration by the correspoding Local Council
Partner: Irina Pustovitenko
Court: Commercial court of Autonomous Republic of Crimea, Sevastopol Commercial Court of Appeal
Dates: June 16 – June 07, 2009; August 19, 2009.
 

Commentary:

The case is an illustration of incorrect application of an article of the Commercial Procedural Code of Ukraine, specifically regarding the circumstances that were determined by the court decision in another case.  The lower court inappropriately evaluated another decision.  The composition of the parties’ in the earlier case didn’t match a the composition of the parties in the subject case.  The appeal court found that the subject of the dispute was not the same as well.  Thus, the application of that court decision to new case was inappropriate.
It is worth noting, that the subject decision contained a list of documents that the lower court required before taking its decision. However, the appeal court determined that those documents were not required evidences which must be in the materials on the case when there are other evidences exist.
Therefore, the appeal court correctly ruled that the lower court violated the norms of the procedural law.