Supreme Court unlocks appointment of advisors for privatization of five state-run companies
The judge panel of the cassation administrative court of the Supreme Court of Ukraine has satisfied a claim of the State Property Fund (SPF) against rulings of courts of lower instances, unlocking the process of appointing advisers for the privatization of five state-owned companies.
The respective document dated June 26, 2019 has been published in the unified register of court rulings.
"The panel of judges concluded that the cassation appeal of the State Property Fund of Ukraine is subject to satisfaction, the decision of the court of appeals and the court of lower instance is subject to cancellation with the adoption of a new decision to refuse to satisfy applications for taking measures to secure the administrative claim," the panel said in the document.
According to the text of the ruling, the panel, in particular, concluded that the court of appeals and the court of lower instance gave an incorrect legal assessment of the grounds for securing a claim (indicated by plaintiffs) for compliance with the Code of Administrative Procedure (Part 2 of Article 150 Ground for Securing a Claim of the Code). Thus, the court of appeals and the court of lower instance unreasonably granted the plaintiff's petition for interim measures.