Publication date: 15.07.2024
The procedure for resolving civil disputes in court in Ukraine
Introduction
Civil disputes arise in the course of civil law relations between individuals, legal entities and state authorities. To protect their rights and interests, the parties may go to court. In this article, we will consider the procedure for resolving civil disputes in court in Ukraine, the main stages of the court process, the necessary documents and practical advice for parties to disputes.
Legal framework
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right of everyone to judicial protection of their rights and freedoms, defines the basic principles of justice and the court procedure.
Civil Procedure Code of Ukraine
The Civil Procedure Code of Ukraine (the "CPC") is the main legal act regulating the procedure for consideration of civil cases in courts. It sets out the rules for filing claims, hearing cases, making decisions and enforcing them.
The main stages of the court process are as follows
1. Preparation of a statement of claim
The statement of claim is the main document that initiates the court proceedings. It contains the following information:
- Name of the court to which the claim is filed.
- Information about the plaintiff and defendant (name, address, contact details).
- Description of the circumstances that gave rise to the claim.
- The plaintiff's claims (satisfaction of the claim, damages, etc.).
- Evidence confirming the circumstances of the case.
- List of documents attached to the statement of claim.
2. Filing a statement of claim with the court
The statement of claim is filed with the court in person, through a representative or by post. Copies of all documents confirming the plaintiff's claims and a receipt of payment of the court fee must be attached to the statement.
3. Opening of proceedings
Upon receipt of the statement of claim, the court shall initiate proceedings if the statement of claim meets the established requirements. The court shall set the date and time of the court hearing and notify the parties thereof.
4. Preparatory proceedings
Preparatory proceedings include:
- Exchange of written statements and evidence between the parties.
- Resolving issues regarding the composition of the participants in the process.
- Appointment of examinations, if necessary.
- Determining the procedure for examining evidence and holding court hearings.
5. Court proceedings
The trial includes:
- Opening the court session and announcing the composition of the court.
- Establishing the presence of the parties and their representatives.
- Presentation of claims and defences.
- Examination of evidence, hearing of witnesses and experts.
- Court debates of the parties.
- Delivery of the court decision.
6. Adoption of the judgement
Upon completion of the trial, the court makes a decision, which is announced in the court session. The decision must be substantiated, contain the court's conclusions on the circumstances of the case and the legal grounds for satisfying or dismissing the claim.
7. Appeal against a court decision
The parties have the right to appeal against a court decision within the established time limit (usually 30 days from the date of the decision). An appeal shall be filed with the court of appeal through the court of first instance.
8. Execution of a court decision
Once a court decision enters into force, it is subject to enforcement. If the judgement is not executed voluntarily, the party in whose favour the judgement was rendered may apply to the executive service for enforcement.
Documents required
The following documents may be required to resolve civil disputes in court:
- Statement of claim.
- Documents confirming the circumstances of the case (contract, invoices, correspondence, etc.).
- Receipt of payment of the court fee.
- Documents confirming the identity of the plaintiff and the defendant.
- Documents confirming the authority of the representative (power of attorney).
Practical advice for parties to disputes
Consultation with a lawyer
Before filing a lawsuit, it is recommended to seek advice from a lawyer or attorney. They can help you prepare a statement of claim, collect evidence and represent your interests in court.
Gathering evidence
It is important to collect all possible evidence to support the circumstances of the case. This may include documents, testimonies, correspondence, audio and video recordings, etc.
Meeting deadlines
You must comply with the established deadlines for filing lawsuits, appealing decisions and performing other procedural actions. Failure to do so may result in the loss of the right to protect your interests.
Behaviour in court
During court hearings, it is important to comply with the rules of conduct, be polite and correct in your communication with the court and other participants in the process. It is important to listen carefully, answer questions and provide clear and understandable answers.
Conclusion.
Resolving civil disputes in court in Ukraine is a complex and multi-stage process that requires compliance with established procedures and preparation of necessary documents. The parties should carefully prepare for the court proceedings, seek legal assistance, collect evidence and comply with procedural deadlines. Compliance with these recommendations will help to ensure an adequate level of protection of their rights and interests in the court proceedings.
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