Services

Judicial practice. Representation and protection of interests in civil, commercial and administrative disputes

Litigation can arise at any time and concern various areas of life and business.

If the parties cannot resolve the dispute on their own, the final decision will be made by the court.

Our law firm is ready to provide qualified assistance in protecting your rights in civil, commercial or administrative court.

Our approach to resolving litigation disputes is based on a comprehensive analysis of your situation and choosing the most effective defense strategy. We use our many years of experience in property law enforcement, litigation and corporate law to protect your rights as much as possible. From the initial consultation to the final court decision, we accompany you every step of the way, providing you with reliable legal protection and support.

Representing clients in court is one of the key practices of our company.

We are ready to represent our clients in the following categories of legal cases:

Property disputes

Cases of recognition of ownership, lease, use. Registration of property rights.
Disputes about termination of ownership, lease, and use. Cancellation of registration of rights.
Disputes regarding the return (claim) of property (vindication action).
Cases on protection of property rights, elimination of violated and restrictions that violate the rights of the owner (negative lawsuit).
Compensation for losses caused by property damage.

Business disputes

Disputes regarding the collection of receivables, accrual and collection of penalties (fines, penalties) and other sanctions.
Appeal of contracts, recognition of agreements as invalid (null and void), termination of contracts.
Disputes arising from the conclusion, amendment, termination and performance of transactions in business activities.
Compensation for damages caused by illegal decisions, actions or inactions.
Property privatization disputes.
Disputes arising from corporate relations: appealing against decisions of general meetings.
Disputes arising from transactions regarding shares, stakes, units, and other corporate rights in a legal entity.
A case concerning securities, their issue, circulation and redemption.
Disputes related to appealing decisions of the Antimonopoly Committee of Ukraine.
Cases on appeals against decisions of arbitration courts and on issuing an order for enforcement of decisions of arbitration courts.
Disputes between legal entities and managers regarding compensation for damages.

Civil disputes

Debt repayment under loan agreements and receipts.
Appealing contracts.
Family disputes, more details at the link.
Credit disputes, more details at the link.
Labor disputes.
Disputes in defamation cases, disputes about the protection of honor, dignity and business reputation.
Compensation for damages and recovery of penalties.
Compensation for damages caused by a road accident.
Protection of personal non-property rights and compensation for moral damage.
Protection of property rights and compensation for material damage.
Protection of property rights, recognition of property ownership.
Termination of obligations.

Administrative disputes

Disputes with tax authorities, appeals of tax notices.
Disputes with customs authorities.
Disputes regarding the admission of citizens to public service, its completion, and dismissal from public service.

A separate category involves cases of administrative offenses, governed by the Code of Ukraine on Administrative Offenses. The most common category of such cases is proceedings for violations of the traffic regulations - administrative offenses in the areas of transport, field of road management, and communications.

As a result of the judicial reform in 2016-2017, amendments were introduced to the Constitution of Ukraine, the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure, and other laws.

Since 2017, only licensed attorneys may represent part ies before the Supreme Court and courts of cassation, since 2018 before Appellate Court, and since 2019 before courts of first instance.

With the introduction of mandatory legal representations, courts have expanded the practice of awarding litigation costs and legal aid costs to the losing party.

Today, when initiating court proceedings, it is possible to count on the defendant being fully or partially charged with the costs of paying for the services of a lawyer and court fees.

Our specialists have been defending clients’ interests before court for over 15 years.

Litigation can be divided into several stages, each of which is essential.

1. Pre-trial preparation. Claims work

Just as it is impossible to build a strong house without a proper blueprint, litigation cannot be successful without thorough preparation.

At this stage, the following steps must be taken:

Analysis of the circumstances of the case.
Identification of sources of evidence.
Review of existing evidence.
Calculation of interest, fines, penalties, and damages related to litigation.
Development of a litigation strategy and procedural position.
Analysis of possible objections by the opposing parties.
Determining the need to obtain additional evidence.
Assessing the probability of pre-trial settlement.
Determining the need to take measures to secure the claim.
Determination of jurisdiction and subject matter of the dispute.
Preparation of applications, motions, claims and other court documents.

Based on the results of determining the prospects for a legal dispute, claims can be prepared and sent or measures can be taken for pre-trial settlement of the dispute.

2. Appeal to the court. Preparatory court hearing in the court of first instance

If a dispute cannot be resolved at the pre-trial stage, the prepared documents are submitted to the court.

During the preparatory court session
The claims are finally determined.
Objections to the claims are clarified.
The relevant facts to be established are identified, evidence is submitted and collected.
Expert examinations may be requested.
Applications for recusals are filed and considered.
The procedure for considering the case is established.

The defendant’s response, third-party explanations, replies to responses, and motions to submit evidence must all be filed within the deadlines set out in the court’s ruling on opening proceedings.

According to Part 2 of Article 191 of the Civil Procedure Code, Part 9 of Article 165 of the Commercial Procedure Code, Part 6 of Article 162 of the Code of Administrative Procedure of Ukraine, failure by the defendant to file a response within the prescribed time is grounds for the court to consider the case based on the available evidence, i.e. without taking the defendant’s position into account. .

Counterclaims and claims by third parties must be filed before the end of the preparatory stage.

The court closes the preparatory proceedings and assigns the case to trial on the merits if the claim is subject to consideration in court; a waiver of the claim has not been filed and accepted by the court; the defendant has not acknowledged the claim; and a settlement agreement has not been concluded.

If the defendant accepts the claim, the court may issue a judgment on the merits of the dispute.

3. Consideration of the case on the merits in the court of first instance

At this stage, each party proves the circumstances to which it refers as grounds for its claim or objections.

In a court hearing, evidence is examined, witnesses are questioned, and expert opinions are reviewed.

Based on the results of the appellate review of the case on the merits, the court makes a decision.

Once the decision is issued, the claims cannot be changed or additional claims filed. New participants in the case cannot be involved.

Any application for the statute of limitations must be filed before the decision is issued.

The decision of the court of first instance becomes final and enforceable after the appeal period expires.

4. Appeal

Upon receiving appeals, the appellate court reviews the case within the scope of the evidence and claims presented in the court of first instance.

New evidence may be admitted only in exceptional cases, if the participant in the case has provided evidence of the impossibility of submitting it to the court of first instance for reasons that objectively did not depend on him.

Based on the outcome of the appeal, the court leaves the decision unchanged or cancels it and makes a new decision or closes the proceedings in the case.

After appellate review, the court decision becomes final and enforceable.

5. Cassation appeal

Decisions of the court of first instance may be reviewed by the court of appeal, and decisions of the court of appeal may be appealed to the Supreme Court.

The court of cassation may suspend enforcement of the appealed decision until it rules on the cassation appeal.

The court of cassation does not re-examine the evidence or establish the facts of the case.

In a cassation appeal, it is possible to refer only to a violation of the norms of substantive or procedural law that does not correspond to the legal conclusions of the Supreme Court.

Based on the results of the case review, the court of cassation may leave the appealed decisions unchanged, cancel them and make a new decision, cancel the decision and refer the case for a new review to the court of first or appellate instance, or close the proceedings in the case.

The decision of the Supreme Court is final and cannot be appealed.

6. Review of the case based on newly discovered circumstances

A court decision may be reviewed if new material circumstances come out that were not established by the court and could not have been known to the applicant at the time the case was considered .

Such review is conducted by the same court that issued the original decision .

7. Control over the execution of a court decision

The adopted court decision is subject to mandatory execution. Within the framework of judicial control over enforcement, the court considers issues such as:

Complaints against the actions, decisions or inaction of an enforcement officer.
Renewal of the deadline for presenting an enforcement document.
Postponement and installment of execution, or modification of the method and procedure of enforcement.
Clarification of the court decision.
Issuance of a warrant to locate or summon a debtor.
Authorization of forced entry into a person’s property.
Enforcement measures against funds held by third parties and real estate, the ownership of which has not been registered in accordance with the procedure established by law.
Temporary restriction on the right to travel outside Ukraine (exit ban).
Replacement of a party to enforcement proceedings.
Determination of the share of property in joint ownership.
Reversal of enforcement of a court decision.
Consideration of other applications and submissions filed by public or private enforcement officers.