Arbitration and Litigation in Ukraine (overview)


As far as litigation and arbitration in Ukraine is the recognized and almost the only legal method of dispute resolution, it is quite useful for a foreign corporate entity or natural person to have some brief information about the same.

The Constitution of Ukraine (namely, clause 124 of the same) and the Law of Ukraine "On the Judicial System of Ukraine" effective as of June 01, 2002 provide that the judicial competence covers all the legal relations in Ukraine. The effectuation of justice in Ukraine is to be made in the form of the civil, the commercial, the administrative, the criminal and the constitutional judicial procedures. The judicial procedures are effectuated by the Constitutional Court of Ukraine and appropriate courts of the general jurisdiction as well within the limits of their competence.

The constitution of Ukraine, the Law of Ukraine "On the Judicial System of Ukraine" and a lot of other legislative acts of Ukraine provide that the justice in Ukraine is to be effectuated on the principles of supremacy of the law and is called upon to protect the lawful rights and interests of humans and citizens, corporate entities, interests of the society and State.

The principle of supremacy of the law means that the Ukrainian courts effectuating the justice are to be guided not only the positive law (lex lata) but also by the case law (judicial precedents), by the commonly recognized legal principles and customs and by the international agreements of Ukraine. The case law in Ukraine is represented mainly by appropriate letters, opinions and decisions of the Supreme Court of Ukraine and of the Highest Commercial Court of Ukraine, which are to be the pattern for all the other Ukrainian courts of the lower level.

Ukrainian courts of general jurisdiction include several levels:

- local courts;
- appeal courts, the Appeal Court of Ukraine;
- the higher specialized courts;
- the Supreme Court of Ukraine.

In its turn Ukrainian courts of the general jurisdiction are divided proceeding from their jurisdiction (competence) on to:

- common courts;
- commercial courts (earlier also know as courts of arbitration);
- administrative courts.

The Supreme Court of Ukraine summarizes court practice and provides the lower courts with clarifications on how to apply various rules of law.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.
 
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