Publication date: 08.06.2024
Court practice in commercial disputes in Ukraine
Introduction
Commercial disputes are an integral part of business activities and may arise for a variety of reasons: breach of contractual obligations, non-compliance with contractual terms, illegal actions of counterparties, etc. In Ukraine, such disputes are considered by commercial courts that specialize in resolving economic conflicts. In this article, we will analyze the main aspects of the court practice of commercial disputes in Ukraine, typical problems and development prospects.
Basic principles
Competence of commercial courts:
- Commercial courts consider disputes between legal entities and individual entrepreneurs arising in the course of their business activities.
Procedural rules:
- Commercial dispute resolution is governed by the Commercial Procedure Code of Ukraine, which sets out the procedure for filing claims, holding court hearings, reviewing evidence and rendering decisions.
Principles of legal proceedings:
- Commercial courts are guided by the principles of legality, equality of the parties before the law and the court, adversarial proceedings, publicity of the trial and binding nature of court decisions.
The main stages of commercial dispute resolution
Filing a statement of claim:
- The case begins with filing a statement of claim with the commercial court. The statement of claim must contain all the necessary details, evidence to support the plaintiff's claims, and payment of the court fee.
Preparatory meeting:
- The court holds a preparatory hearing to determine the circumstances of the case, clarify the claims and objections of the parties, and determine the list of evidence to be examined at the main hearing.
Consideration of the case on the merits:
- At the main court hearing, the court examines evidence, hears explanations from the parties and their representatives, interrogates witnesses and experts, etc. After that, the court makes a decision.
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Appeals and cassation appeals:
- The parties have the right to appeal against the decision of the commercial court in appeal and cassation. Appeals are filed with the Commercial Court of Appeal, and cassation appeals are filed with the Supreme Court.
Typical problems
Delaying the process:
- Parties often abuse their procedural rights by filing unfounded motions or complaints, which leads to delays in court proceedings.
High legal costs:
- High court fees and legal aid costs can be a significant barrier to access to justice, especially for small and medium-sized enterprises.
Failure to comply with court decisions:
- One of the main problems is non-enforcement or delayed enforcement of court decisions, which undermines confidence in the judicial system and creates obstacles to effective protection of business entities' rights.
Development prospects
Improving legislation:
- The Commercial Procedure Code should be updated to reflect modern requirements and international standards, which will facilitate more efficient and transparent judicial proceedings.
