Recognition and enforcement (execution) of foreign judicial awards in Ukraine


Recognition
and execution of foreign judicial awards in Ukraine is mostly governed by clauses 390 to 401 of the Civil Procedures Code of Ukraine.

First of all the above provisions of the Civil Procedures Code of Ukraine distinguishes two types of foreign judicial awards:

1) foreign judicial awards, which require recognition and execution in Ukraine;

2) foreign judicial awards, which require recognition, but do not require execution in Ukraine.

Clauses 390 and 399 of the Civil Procedures Code of Ukraine provides both for the foreign judicial awards, which require recognition and execution in Ukraine and for the foreign judicial awards, which require recognition, but do not require execution in Ukraine, are to be recognized (and executed if required) in Ukraine, if such recognition (and execution if required) is stipulated by international treaties, in which Ukraine participates (i.e. which are also ratified by Ukrainian Parliament), or proceeding from principles of reciprocity on grounds of ad hoc agreements with the foreign state.

Ukraine has entered into a number of bilateral agreements on legal aid and legal relations with the variety of states and is the participant of the Commonwealth of Independent States Kiev Agreement on Settlement of Disputes Arising from Commercial Activity of year 1992 and the Commonwealth of Independent States Minsk Convention on the Legal Aid and Legal Relations in Civil, Family and Criminal Matters of year 1993; it is a signatory to the Kishinev Convention on the Legal Aid and Legal Relations in Civil, Family and Criminal Matters of year 2002. Ukraine does not participate in the Brussels Convention of year1969 and in the Lugano Convention of year 1988, although its accession was previously considered.

Clause 391 of the Civil Procedures Code of Ukraine provides the general rule that requests for recognition and execution should be filed within three years of the date on which the same was issued.

Also should be mentioned that the foreign court award is to be duly legalized and translated into Ukrainian language for use in Ukraine.

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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