Publication date: 16.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
A court order is one of the means of resolving civil cases in Ukraine quickly and efficiently. It is used in cases where the disputed claims are recognised by the other party without any objections. Let's have a closer look at this tool.
Legal framework and issuance procedure
The court order is provided for in the Civil Procedure Code of Ukraine. Pursuant to Article 163 of the Code of Civil Procedure of Ukraine, a court order may be issued if the claim is recognised as indisputable and there is an urgent need to apply coercive measures to ensure its fulfilment.
The procedure for issuing a court order includes the following steps:
Filing an application: A party submits an application for a court order together with the necessary documents to the court.
Consideration of the case: The court examines the documents and considers the case. If all the conditions are met, the court may decide to issue a court order.
Issuance of the order: The court issues the court order and sends it to the parties in the case.
Execution of the order: In case of non-compliance with the court order, the party that applied to the court may use various enforcement mechanisms.
Advantages and peculiarities
A court order has several advantages compared to a regular court proceeding. These include:
Speed: A court order can be issued much faster than a judgement in a regular court proceeding, allowing for the efficient resolution of simple civil cases.
Efficiency: It is an effective tool for resolving cases where there is no dispute over the claim and the parties agree to its satisfaction.
Cost: The process of issuing a court order can be less costly than a regular court proceeding.
A lawyer can provide the necessary legal support during the court order procedure. He or she assists the client in filing an application with the court, preparing the necessary documents and presenting arguments before the court. The lawyer also acts as a consultant, explaining to the client his or her rights and obligations in the process of issuing a court order. If necessary, an attorney-at-law can provide professional advice on further actions to ensure a successful resolution of the case. With the help of an attorney-at-law, a client can effectively protect his or her interests and achieve the desired results in court proceedings for the issuance of a court order.
The effective use of a lawyer's services contributes not only to the correct execution of documents, but also to the protection of the client's interests at all stages of the procedure. A lawyer has professional knowledge and experience that helps to minimise the risks of mistakes and ensure the successful completion of the process. Undoubtedly, the presence of a lawyer in a court order case provides the client with a more confident and efficient process of resolving legal issues. Participation in a court hearing, lawyer in court, awyer's representation in court, analysis, defense in court.
In Ukraine, court orders are an important tool for the quick and efficient resolution of simple civil cases. The use of this tool can significantly reduce the time and costs associated with resolving disputes in court, which contributes to the accessibility of justice for individuals and businesses.
