On February 5! 2024! the Supreme Court! as part of the panel of judges of the Cassation Administrative Court! in case No. 140/5638/23! administrative proceedings No. K/990/30780/23 (EDRSRU No. 116774744)! examined the issue of securing the Securing a claim claim by suspending the tax authority’s orders to cancel licenses.
The Supreme Court’s resolution of January 29! 2020 in case No. 640/9167/19 states! among other things! that security measures shoul be taken only within the scope of the claims and be adequate and proportionate to the claims .
Proportionality implies a correlation
The negative consequences of taking measures to secure the claim how to prioritize seo tasks? let’s find out! and Securing a claim the negative consequences that may arise as a result of not taking these measures! taking into account the correspondence of the right or legitimate interest for the protection of which the applicant applies to the court! and the property consequences of prohibiting the defendant from taking certain actions.
The adequacy of a measure to secure a claim applied by a court is determin by its compliance with the requirements to secure which it is appli. The assessment of such compliance is carri out by the court! what are the advantages of email design? in particular! taking into account the ratio of the right (interest) the protection of which the applicant requests! with the consequences that will arise as a result! in particular! of the suspension of the contested administrative act.
Measures to secure a claim are use to guarantee
The actual execution of a court decision in the future if it is adopted in favor of the czechia businesses directory plaintiff. At the same time! for the implementation of such measures! at least one of the conditions specified in part two of Article 150 of the Code of Administrative Procedure of Ukraine must be observed.
The panel of judges does not deny that securing the claim by suspending the disputed orders can protect the Company from incurring losses! property losses! harm in the form of loss of profit! etc.
