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Publication date: 24.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
The Ukrainian judicial system has its own procedure for civil litigation, which is regulated by the relevant regulations and case law. This process includes several stages and has its own peculiarities, which are important for both parties to the case and their representatives to consider.
Stages of the civil litigation procedure in Ukraine:
Filing a claim
First, a party intending to go to court must prepare a statement of claim, which indicates the object of the claim, the circumstances of the case, the claims against the defendant and the substantiation of these claims.
The statement of claim must be filed with the court at the defendant's place of residence or the location of the property in dispute.
Preliminary consideration of the claim
After filing a lawsuit, the case is referred to the court for a preliminary hearing. At this stage, the parties are given the opportunity to attach all necessary documents and substantiate their claims.
The court may also order mediation or other alternative dispute resolution methods.
Main hearing of the case
If the preliminary hearing does not result in a settlement, the case proceeds to the main hearing. The court considers all the evidence and arguments of the parties and makes a decision based on the data presented.
At this stage, examinations may be ordered, witnesses may be questioned, and other procedural actions may be taken.
During the trial, both parties have the opportunity to present their arguments and call witnesses to support their positions. The court takes into account all the evidence presented, listens to the arguments of the parties and makes a reasonable and fair decision in accordance with the applicable law.
The court proceedings are subject to the basic principles of justice, such as the principle of presumption of innocence, the right to defence, the principle of equality of parties before the law, and others. Each party has the right to a fair and objective trial.
Announcement of the decision
After discussing all aspects of the case, the court makes a decision. This may be a verdict that satisfies or rejects the claims, or another decision, depending on the specific circumstances of the case.
The decision is announced at a court hearing, after which the parties to the case have the right to read the text of the decision.
Appeal and cassation process
If the parties are dissatisfied with the decision of the first instance court, they have the right to appeal to the court of appeal.
After that, additional instances of cassation review are possible.
At each of these stages, the case may be reviewed, either confirmed or cancelled and sent back to the first instance court for reconsideration.
Peculiarities of the civil litigation procedure in Ukraine
Increased focus on mediation and dispute resolution: Courts in Ukraine are increasingly encouraging the use of alternative dispute resolution methods, including mediation, which can help parties find a mutually beneficial solution without lengthy court proceedings.
Importance of written evidence: The Ukrainian judicial system places great importance on written evidence, such as contracts, documents and correspondence, which is reflected in their role in the resolution of a case.
Transparency and accessibility of court decisions: The courts are obliged to ensure accessibility and transparency in their work, which means that decisions must be reasonable and understandable for all parties to the case.
At all stages of a case in court, a lawyer plays an important role, representing the client in court, protection of dignity, lifting of arrest, analysis, representation and other.
The civil litigation procedure in Ukraine is complex and multi-stage, but at the same time it provides the parties with an opportunity to protect their rights and interests in court.
