Subject of the dispute is the consideration of the prosecutor’s application for securing the claim by imposing an arrest on funds and shares in the authorized capital of LLC “Imperia Azartu” to recover debt for gambling licenses.
The court was guided by the fact that when considering an application for securing a claim, it is not possible to assess the jurisdiction of the dispute, as this issue is resolved at the stage of opening proceedings in the case. The court also noted that the ruling on securing the claim cannot be appealed on the grounds of violation of jurisdiction rules separately from the decision on the merits of the case. Moreover, different procedural terms are established for considering an application for securing the claim and opening proceedings – 2 and 5 days, respectively.
The Supreme Court revoked the appellate court’s ruling and sent the case for a new review, as the appellate court erroneously canceled the ruling on securing the claim on the grounds of the dispute not being subject to economic courts.
