Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Uniform principles and rules of court jurisdiction in Ukraine.
Art. 55 of the Constitution of Ukraine, the rights and freedoms of a person and a citizen are protected by the court. Everyone has the right to protect their rights and freedom from encroachments and illegal encroachments in any way not prohibited by law.
According to the first part of Art. 3 of the Civil Procedure Code of Ukraine, the procedure for consideration of civil cases is regulated by the Constitution of Ukraine, this Code, the Law of Ukraine "On International Private Law", laws of Ukraine that determine the specifics of consideration of certain types of cases. , as well as international treaties whose binding consent has been given by the Verkhovna Rada of Ukraine.
On the basis of part 1 of Art. 4 of the Civil Code of Ukraine, every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his right, freedom or interest, which is violated, recognized or contested.
According to the first part of Art. Everyone in Ukraine has the right to protect their civil rights if they are violated, denied or challenged. As such, from a legal perspective, the subjective right to protection is seen as the ability to use law enforcement agencies to repeat the violated right and stop actions that violate that right.
The doctrine of civil jurisdiction is the distribution of authority between separate court systems and between different courts within the same system to handle civil cases. Jurisdiction is the ability of the court system to determine the appropriate court to hear a specific civil case.
Territorial jurisdiction is the jurisdiction of a civil case by a general court depending on the territory where the case is located. With its help, the question of which of the homogeneous courts the defendant should consider the relevant case is resolved.
The criteria for this type of jurisdiction are, in particular:
· place of residence of the defendant;
· place of damage;
· location of disputed property;
· venue of the original action, etc.
Part 1 of Art. 27 of the Code of Criminal Procedure of Ukraine, claims against an individual are filed in the court at the place of residence or at the place of residence of the individual in the manner established by law, unless otherwise established by law.
Article 28 of the Civil Code of Ukraine defines the jurisdiction of cases chosen by the plaintiff, namely lawsuits for the collection of alimony, its increase, payment of additional costs for the child, collection of a penalty (penalty) for late payment of alimony, indexation of alimony, change of the method of its collection, recognition paternity of the defendant, as well as lawsuits on issues of labor relations can be brought also at the place of residence or work of the plaintiff, in accordance with Clause 9 of Art. , 10 of the Code, claims against the defendant, whose place of residence or work is unknown, are transferred according to the location of the defendant's property or, in the case of application of the Code, according to his place of residence or work. Lawsuits against a defendant who does not have a place of residence or is not registered as a resident of Ukraine may be filed at his place of residence or at the place of last registration of his residence or stay in the country.
Parts 1 and 2 of Art. 75 of the Law, the jurisdiction of the courts of Ukraine in cases that have a foreign component is determined at the time of the commencement of the proceedings in the case, despite the fact that during the proceedings the grounds for this jurisdiction disappeared or changed, except for the cases specified in Article 76 of the Law. The court will not initiate a case if a court or other authorized body of a foreign state has already initiated a case against the same parties, on the same subject matter and with the same arguments.
The first part of Article 76 allows the courts to consider and admit to proceedings any cases in which there is a foreign composition. These cases are listed in part two of Article 76.
- 1. If the parties have agreed that the case of foreign content is subject to the courts of Ukraine, except for the cases specified in Article 77 of this Law.
2. If the defendant lives on the territory of Ukraine, his place of residence or work is taken into account. If they have property that is movable or non-financial, or a branch or representative office of a foreign corporation, the individual is considered a defendant.
3. in cases of compensation for damage, if it was committed on the territory of Ukraine.
4. if the plaintiff has a place of residence in Ukraine regarding the payment of alimony or establishment of paternity.
5. In the case of compensation for damages, the plaintiff has the right to obtain a residence permit in Ukraine or a legal entity. If so, then the defendant has the right to receive a residence permit in Ukraine.
6. if the testator at the time of death was a citizen of Ukraine or had his last place of residence in Ukraine;
7. the action or event that became the basis for the appeal to the court occurred on the territory of Ukraine.
8. if the person is recognized as missing or deceased, the last known place of his residence in the territory of Ukraine.
If the case concerns a separate legal process that concerns the personal condition or legal capacity of a citizen of Ukraine,
10. If a complaint is filed against a citizen of Ukraine who acts as a diplomat, or for other reasons has immunity from local legislation, the case may be initiated in accordance with the agreement between Ukraine and a foreign state.
11. If the debt arose in the event of bankruptcy, the main interests or main activities of the debtor are located in Ukraine.
In other cases, the law of Ukraine and the international treaty of Ukraine prevail.
If a foreigner is documented on the territory of Ukraine, the lawsuit must be filed in the court of the city or district in which he is documented. This also applies to cases where the defendant's registered address is unknown, we ask the court to obtain permission to use the address of the foreigner's final residence.
A qualified lawyer or lawyer of the Legal Service "Consultant" will provide a qualified legal analysis of the situation and help in drawing up the necessary documents. The services of a lawyer services of a lawyer in the preparation and submission of documents in the category of family legal relations are quite essential. The court proceedings in the specified category of cases can be difficult and long-lasting, in connection with which the services of a lawyer in accompanying such cases are absolutely necessary.
