Kiev court tries to introduce quotas for importing fertilizers to Ukraine

Kiev court tries to introduce quotas for importing fertilizers to Ukraine

Wednesday, March 31, 2021, on the  Internet there was information that the District Administrative Court of Kiev issued a decision that overturned the decision of the International Commission on International Trade of June 22, 2020 (decision on the appropriateness of the appointment of quotas for the import of fertilizers - NoSP-452/2020/4411/03 "On the termination of a special investigation into the import into Ukraine of certain nitrogen fertilizers with nitrogen content, nitrogen, phosphorus, and mineral fertilizers containing nitrogen, phosphorus, regardless of country of origin and export without special measures), which ceased a special investigation without special measures, and ordered the International Commission on International Trade of the Ministry of Economic Development, Trade and Agriculture of Ukraine to decide to apply the final special measures based on the results of a special investigation based on the initial basic facts and conclusions/report as part of a special study on the import of mineral fertilizers and phosphorus in Ukraine mineral fertilizers containing nitrogen, phosphorus, potassium, regardless of country of origin and export, which were sent to the competent authorities of the major exporting countries in accordance with the provisions of bilateral and international agreements for intergovernmental consultations, were sent to the members of the Inter-Services Commission on International Trade for consideration at a meeting on 22 May 2020.

To clarify the situation, AGROTRADE CLUB has sought professional comments from Igor Jasco, managing partner of the law firm WINNER, a professional community of lawyers, lawyers and business security consultants.

To date, this decision has not yet entered into legal force, in addition, Igor Jasko is confident that the decision of the OASK will be appealed to the Sixth Administrative Court of Appeal.

- expert reports.

In addition, it is necessary to pay attention to whether the decision of the OACC is justified and whether there are grounds for the obligation of the International Commission for International Trade of the Ministry of Economic Development, Trade and Agriculture of Ukraine to decide on the application of final special measures based on the results of a special study based on the initial basic facts and conclusions/report as part of a special investigation into the import of mineral fertilizers into Ukraine, containing nitrogen and phosphorus, and mineral fertilizers containing nitrogen, phosphorus, potassium, regardless of country of origin and export, which were sent to the competent authorities of the major exporting countries in accordance with the provisions of bilateral and international agreements for intergovernmental consultations, and were sent to the members of the Interagency Commission on International Trade for consideration at the meeting on 22 May 2020, however, it will be possible to draw any conclusions on the issue after the publication of the decision.

In this case, the question of determining the limits of judicial discretion remains controversial. In these cases, the court may oblige the public body to make a specific decision in favour of the plaintiff, and in which it may oblige to consider the issue on the basis of the motives specified in the court's decision.

Part 4 of article 245 of the CCA of Ukraine stipulates that in the case specified in paragraph 4 of Part 2 of this article, the court may oblige the defendant, the state body, to decide in favour of the plaintiff if all the conditions set by law are met for its adoption, and such a decision does not provide for the right of the state body to act at its discretion.

If the decision in favour of the plaintiff provides for the right of the public body to act at its discretion, the court obliges the public body to decide the matter addressed to the plaintiff, taking into account its legal assessment presented by the court in the decision.

Therefore, it should be emphasized that, in the opinion of Igor Jasco, in this case the court should deny the claim of Pjsc "Azot" and "Gimvector" LLC in part of the obligation of the International Commission for International Trade of the Ministry of Economic Development, Trade and Agriculture of Ukraine to make a decision.

Publication was created using next sources:

https://www.agrotrade.club/news/view/s/sud-kieva-obazyvaet-mkmt-vvesti-kvoty-na-import-mineralnyh-udobrenij-v-ukrainu

Photo by Sora Shimazaki: Pexels

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