The Supreme Administrative Court declared unlawful the action of the Ukrainian State Drugs Service against the company InterChem
At the beginning of 2014 the company "InteChem" filed a lawsuit in the District Administrative Court to cancel the order of the Ukraine State Service on drugs on December 30, 2013 №41 and recognize the actions of the state body to stop the production process at the plant illegal. The corresponding order this Service took an abuse of authority because, according to the law "On the main principles of state supervi sion," full or partial suspension of production shall be allowed only on condition that the relevant organ of state supervision of a court order.
March 12, 2014 District Administrative Court of Kyiv satisfied the claim of "Interchem" canceled and declared unlawful disposal of the State Service for Drugs, require companies to stop production of medicines.
However, referring to the Court of Appeal, the Ukraine State Service on drugs could halt the decision of the District Administrative Court of Kiev, so that the company "Interchem" could not resume the production process and normal operation of the enterprise.
Strongly disagreeing with the actions of the State Service, the company "Interchem" use all possible legal mechanisms that would defend their rights. The final point in the conflict set the Higher Administrative Court of Ukraine. Examining the case materials, and checking all the above arguments, the panel of judges concluded that the appeal of "Interchem" shall be satisfied in full.
The Supreme Administrative Court of Ukraine overturned the ruling of the Kiev Court of Appeal on May 13, 2014 and upheld the decision of the District Administrative Court of Kyiv on March 12, 2014, recognizing thus actions of public service Medicines to stop the production process at the enterprise "Interchem "illegal and a corresponding order received state authority - illegal.
As a result of unlawful actions by officials of the State Service on drugs, the company "InterChem" suffered significant losses.
But in spite of all attempts by the former management of State Drug Service cause "InterChem" material and reputational damage, the company did not delay the payment of salaries, not to suspend any social program, and as a result the right to defend domestic producers an honest transparent legal business.
The decision of the Supreme Administrative Court of Ukraine in favor of "InterChem" is not just an administrative dispute resolution between business entities and public authorities, is the establishment of rule of law and secure the goodwill of the company.