“Interesting Examples in Court Practice with the Participation of Public Associations”
15.09.2012
The leading legal portal of Ukraine "Yurliga" in "Expert Column" published an article by the partner LF "Moskalenko & Partners" Anastasiya Moskalenko "Interesting Examples of Litigation Cases Involving NGOs" (as of 14.09.2012). In this article the author examines several examples from her own litigation practice with chances to become landmark cases when considering corporate disputes of public associations.
In the commercial case № 9/26 (3/226) in dispute between the NGO and its branch office-legal entity the High Сommercial Court of Ukraine confirmed that the norms of NGOs’ statute apply to all members of the Ukrainian non-governmental organizations and, accordingly, all its local branches, regardless of whether the latter is legal entity or not. Later the Commercial Court of Lviv region ruling as of 01.07.2010 approved plaintiff’s waiver of the majority of counts and settlement agreement.
In case № 6 27984sv12 the decision of the High Specialized Court of Ukraine for Civil and Criminal Cases confirms that the jurisdiction of the courts to intervene in internal activities of NGOs contents itself with the principle of non-interference of any state bodies in the internal activities of NGOs. That is an extremely important factor for the resolution of disputes between NGOs and their members and departments.
For the full text of the publication follow: http://jurliga.ligazakon.ua/blogs_article/157.htm
In the commercial case № 9/26 (3/226) in dispute between the NGO and its branch office-legal entity the High Сommercial Court of Ukraine confirmed that the norms of NGOs’ statute apply to all members of the Ukrainian non-governmental organizations and, accordingly, all its local branches, regardless of whether the latter is legal entity or not. Later the Commercial Court of Lviv region ruling as of 01.07.2010 approved plaintiff’s waiver of the majority of counts and settlement agreement.
In case № 6 27984sv12 the decision of the High Specialized Court of Ukraine for Civil and Criminal Cases confirms that the jurisdiction of the courts to intervene in internal activities of NGOs contents itself with the principle of non-interference of any state bodies in the internal activities of NGOs. That is an extremely important factor for the resolution of disputes between NGOs and their members and departments.
For the full text of the publication follow: http://jurliga.ligazakon.ua/blogs_article/157.htm
