Court system in Ukraine
15 February, 2007
4
Ukraine started to reform its judicial system. In accordance with the Law On Judicial System (2002), the court has been divided into the Constitutional Court with primary tasks to enforce and interpret the Constitution and the laws of Ukraine and Courts of General Jurisdiction. The Courts of General Jurisdiction include: (i) local courts, (ii) courts of appeal, (iii) The Court of Appeal of Ukraine, (iv) Court of Cassation, (y) Higher specialized courts, (yi) The Supreme Court of Ukraine.
The specialized courts are commercial and administrative. District courts represent the lowest level of the system. The Court of Appeal of Ukraine, the Court of Cassation and the High Administrative Court were recently created and have not been opened yet.
Local courts hear cases when one of the parties is a private person and involves claims of illegal actions by state officials or notary publics. Cases may be initiated by filing a written application or complaint with the court where the respondent is situated. The claim shall include certain details. The case is heard in an open court session in the language of Ukraine.
Commercial courts hear disputes involving legal entities and state institutions. As a rule the claim is initiated by filing a written complaint with the commercial court where the respondent is located. The claim should correspond to certain demands.
The case is heard in an open court session in the Ukrainian. The party who is not satisfied with the decision of the lowest regular court may file an appeal, based on reason of fact or law, with a territorial court of appeal.
Courts of appeal are established for each region of Ukraine. There are also courts of appeal for the cities of Kyiv and Sevastopol and for the Crimea Autonomous Republic. The written appeal should be sent to the court that passed an award.
The party who is not satisfied with the decision of the court of appeal or the lowest court may file a cassation to the Supreme Court of Ukraine or to the High Commercial Court if the case was heard by a regional commercial court. A cassation may be filed only for reasons of law.
Arbitration tribunals established by individuals or organizations are not popular because of some difficulties in implementing their awards. The well-known arbitration tribunals are International Commercial Arbitration Court and Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry. These arbitration tribunals act on the basis of the Law of Ukraine On International Commercial Arbitration and the Rules of Arbitration and are widely used as a competent authority for dispute resolution by Ukrainian and foreign companies engaged in foreign trade activity.
The enforcement of court awards in Ukraine is performed as a rule by the district departments of the State Enforcement Office acting on the basis of the Law of Ukraine On Enforcement Process.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our company will be glad to assist you in this respect. Please do not hesitate to contact us.
