Publication date: 23.04.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
The Ukrainian judicial process in civil cases is regulated by the Civil Procedure Code of Ukraine.
The judicial review of a civil case in Ukraine may have the following stages:
Preparatory stage:
Filing a claim: The claimant submits a claim to the appropriate court, where the requirements and circumstances of the case are reflected.
Appointment of the court session: After receiving the statement of claim, the court sets the date of the court session and informs the parties about it.
Preparation of evidence: The parties prepare their evidence and documents that they plan to present to the court.
Trial:
Presentation of evidence: The parties present their arguments and evidence during the court session. This may include answering court questions, questioning witnesses, etc.
Discussion of arguments of the parties: The court listens to the arguments of both sides and considers the evidence.
Making a decision:
Making a decision: After considering the case and taking into account all the arguments and evidence, the court makes a decision.
Reasoning of the decision: The court justifies its decision, indicating the legal grounds and factual circumstances that were taken into account.
Appellate and cassation control:
Appeal: If one of the parties is not satisfied with the court's decision, he can file an appeal with the Court of Appeal.
Cassation appeal: In some cases, it may be possible to submit a cassation appeal to the highest judicial body - the Supreme Court.
Enforcement of the decision: Once the decision becomes final and not subject to appeal, the parties are obliged to comply with it. In case of non-compliance with the decision, means of enforcement may be applied, such as a writ of execution. Ukrainian legislation provides for the payment of a court fee when filing a lawsuit in civil cases.
The amount of the court fee depends on the value of the claim and other circumstances, such as the type of court decision, as well as the possibility of receiving benefits or exemption from paying the fee in cases provided by law. The general procedure for paying court fees in Ukraine is established by the Law of Ukraine "On Court Fees" and provides for the payment of the appropriate amount to the court account.
In civil cases, the representation of a lawyer can be very useful and important. Here are some key points to consider:
Legal Expert: A lawyer has in-depth knowledge of the law and procedures related to civil cases. He will be able to analyze your situation, provide advice and recommendations on the optimal strategic approach.
Representation in court: A lawyer will be able to represent you in court, which will make the process much easier for you. He skillfully defends your interests, using his argumentation skills and experience interacting with the court.
Documentation and preparation: A lawyer will help you gather all the necessary documentation for the case, as well as prepare all the necessary pleadings and other documents that may be needed in the process.
Negotiation and Dispute Resolution: In some cases, a lawyer can help you settle a dispute out of court by negotiating with the opposing party or their lawyer.
Knowledge of the process: A lawyer will navigate all stages of the civil process and the rules that govern it, which will help you avoid mistakes and ensure a successful exit from the situation.
With these benefits in mind, it's important to consider hiring an attorney for your civil case. He will provide you with a legal analysis of the situation, a legal analysis of the situation, a legal opinion and a legal opinion. Writing a lawyer's request can be done by a civil lawyer, the lawyer's opinion is very important.
