14:01 11.07.2013

Court of appeals in Kyiv in Sept to hear counterclaim of opponents of introduction of special imports duties on cars

3 min read

The administrative court of appeal in Kyiv has accepted a counterclaim of lawyers - partners of the Legato law firm, Oleksandr Velychko and Yuriy Fil, against a decision of the district administrative court in Kyiv not to accept their claim on the unlawfulness of the publishing of an announcement by the interagency commission for international trade on the introduction of special car imports duties (without the publication of the decision), reads a report of the lawyer, which has been sent to Interfax-Ukraine.

The report says that the hearing is scheduled for September 18, 2013.

"We believe that the decision [not to accept our claim] is illegal. It is not unbiased, as it is written in favor of the interagency commission [for international trade] and the Economic Development and Trade Ministry. No our argument was refuted by the court, and the decision was written as a carbon copy, taking into account the explanations of the defenders, and the half of our arguments were not taken into account by the court at all," reads the report.

The lawyers said that the court did not take into account the arguments on the lawfulness of the negligence of defenders regarding the non-publication of the decision of the commission in May 2012.

"It's likely that the court forgot about the law on the access to public information, the requirements of which were taken as a basis for the claim, as we protected our right to know our rights and liabilities. We believe that we did not lose the case. They simply did not allow us to win it. We'll achieve the cancelation of the decision in the court of appeals," the lawyers said.

On June 4, 2013, the district administrative court in Kyiv decided not to satisfy a claim of Velychko and Fil against the interagency commission for international trade and the Economic Development and Trade Ministry on the unlawfulness of the publishing of an announcement by the interagency commission for international trade on the introduction of special car imports duties (without the publication of the decision).

On March 14, 2013, the government's Uriadovy Kurier newspaper published a decision of the Interagency Commission for International Trade approved on April 28, 2012, to introduce special duties on imports of new passengers cars with engines from 1,000 to 1,500 cubic centimeters at a rate of 6.46%, and cars with engines from 1,500 to 2,200 cubic centimeters at a rate of 12.95%, irrespective of the country of origin and export.

The initiators of the investigation were public joint-stock company Zaporizhia Automobile Plant, private joint-stock company Eurocar and subsidiary Automobile Assembly Plant 2 of Bogdan Motors Automobile Company.

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