Judicial procedure

In civil proceedings, courts consider land, property, labor, family, housing disputes, disputes over the protection of honor, dignity and business reputation and other disputes. The main criterion for considering cases in civil proceedings is the violation of civil rights of a person.

Furthermore, if a dispute over property or property rights is considered in civil proceedings, a party in the same case may file claims for the registration of such property and property rights.

In the first-instance court, cases are considered by a judge solely.

In the court of appeal, cases are considered by a panel of judges consisting of three judges.

In the court of cassation, cases are considered by a panel of judges consisting of three or more odd number of judges.

Cases on the recognition of assets as unsubstantiated and their recovery to the state revenue are considered collectively by the High Anti-Corruption Court consisting of three judges.

In civil proceedings, the judge plays a more passive role compared to the parties in the case. In particular, the judge ensures the following:

• manages the course of the litigation
• uses mediation in resolving disputes
• explains to the litigants their procedural rights and obligations, consequences of the performance or failure to perform procedural actions
• prevents the abuse of rights by litigants
• only in exceptional cases has the right to collect evidence on his/her own initiative, for example, to protect minors or persons who have been declared incapacitated by court or whose capacity is limited

One judge and two jurors consider cases on:

• limitation of civil capacity of an individual
• recognition of an individual as incapacitated and restoration of civil capacity of an individual
• recognition of an individual as missing or declaring him/her deceased
• adoption
• providing a person with compulsory psychiatric care
• involuntary hospitalization in a tuberculosis treatment facility

If the statement of claim meets the requirements of procedural law, the court opens proceedings within 5 days and specifies in the decision how the case shall be considered: in general adversary proceedings or in summary proceedings. This shall affect the term of case consideration. The term of consideration of a case commences once the proceedings in such a case are opened.

In general adversary proceedings, consideration of a case must not exceed 90 days, including a maximum of 60 days is allotted for preparatory proceedings and 30 days for consideration of the case on the merits. In summary adversary proceedings, a case is considered no more than 60 days.

Consideration of a case ends with the delivery of a relevant court decision.

In civil litigation, there are the following types of evidence:

• written, physical and electronic evidence
• expert opinions
• testimony of witnesses

The parties and other participants in the case submit evidence in the case directly to the court.

Any evidence submitted by the parties to the court must be providedprior to other participants in the case for prior review.

Evidence is submitted by the parties to the case along with the first statement on the merits of the case.

If the evidence can not be submitted within the specified term reasonably, a litigant must notify the court thereof in writing and specify: the evidence, which can not be submitted; reasons for which it can not be submitted within the specified term; proof that the person has taken all actions within his/her control aimed at obtaining such evidence.

The term for submitting evidence may be extended only if the court finds that the person missed such a term reasonably.

A party may file a motion with the court to call evidence if he/she can not obtain it by himself/herself.

A witness must appear in court upon his/her summons at the appointed time and give truthful testimony about the circumstances known to him/her.

Witnesses testify orally at the court hearing. The law further provides for the option of written questioning of litigants as witnesses.

An individual has no right to refuse to testify, except for testifying about him-/herself, his/her family members or close relatives.

Injunctive relief is taking measures by a court, which guarantee the enforcement of a court decision should the claims be granted. Injunctive relief is a temporary measure valid during the consideration of case by court.

Injunctive relief applies both before the claim is filed and at any stage of the case consideration.

In civil proceedings, the injunctive relief shall be applied, inter alia, through:

• arrest of property and funds
• prohibition to perform certain actions
• establishing the obligation to take certain actions in disputes on family relationship
• prohibition for other persons to take action in respect of the subject of the dispute or to make payments, or to transfer property to the defendant or to perform other obligations in respect of him/her
• termination of the sale of arrested property
• termination of foreclosure under a writ of execution
• termination of customs clearance of goods or items

There are cases when injunctive relief can not be applied. In particular:

• salary, pensions, scholarships and social benefits, property or funds of an insolvent bank or the Deposit Guarantee Fund, perishable items may not be arrested
• provisional administration or liquidation of a bank may not be terminated
• it is not allowed to terminate the decisions of the National Bank of Ukraine, as well as to establish a prohibition or obligation for the National Bank of Ukraine to perform certain actions, to refrain from taking certain actions
• it is not allowed to apply injunctive relief, which in essence is identical to granting of the filed claims, unless the dispute is resolved on the merits in such a case
• it is not allowed to apply injunctive relief consisting in the termination, postponement, suspension or other interference in the conduct of bankruptcy procedure, auction, bidding, tender or other public bidding procedures held on behalf of the state, etc.

Participants in the case shall state in writing their claims, objections, arguments, explanations and opinions on the subject matter of a dispute in statements on the merits of the case.

Statements on the merits of the case include:

• statement of claim
• response to the statement of claim
• answer to the response
• objections
• explanations of a third party in respect of the claim or response

There are the following main remedies for protecting the rights and interests in civil proceedings:

• recognition of a right
• invalidation of a transaction
• termination of the action that violates the right
• restoration of the pre-violation position
• enforcement of an obligation in kind
• change of legal relations
• termination of legal relations
• compensation for damages and other methods of compensation for pecuniary damage
• compensation for non-pecuniary damage
• recognition of decisions, actions or inaction of a state authority, local self-government body, their officers and officials as illegal

The specified list is not exhaustive, since the legislation allows the plaintiff to determine the effective remedy at his/her own discretion.

The court may also protect rights, freedoms and interests of individuals using other remedies established by a contract or law. In this case, the court is not restricted by the remedies established by a contract or law, and may use other effective remedies not contradicting the law.

Court costs consist of:

• court fee
• costs associated with the case consideration:
• on professional legal assistance
• on the involvement of witnesses, specialists, interpreters, experts and conducting expert examination
• on the discovery of evidence, examination of evidence at its location, ensuring of evidence
• on the performance of other procedural actions necessary for the consideration of a case or preparation for the consideration thereof

The procedure of legal fee settlements in each case are carried out on the terms and conditions specified  by an agreement between an attorney and a client.

Along with the first statement on the merits of the dispute, each party submits a preliminary (approximate) calculation of the amount of court costs to the court, which it has incurred or will incur in connection with the case consideration.

If a party fails to submit a preliminary calculation of the amount of court costs, the court may deny in compensation for the relevant court costs, except for the amount of court fees paid by a party.

Taking into account the property status of a party, the court may reduce the amount of court costs due or release from payment thereof in full or in part, or provide for the deferred or installment payment of court costs for a specified period. Following the results of case consideration, the court is authorized to distribute court costs among the parties.  Usually court costs are borne by the unsuccessful party.

In case of applying to court, a court fee must be paid.

The court fee is paid, in particular, for filing a claim or other application, appeals and cassation appeals, etc.

The court fee is paid as a percentage of the price of the claim or a fixed amount. Amount of the court fee rates varies depending on the category and subject matter of a dispute, court, type of plaintiff, etc.

For example, a legal entity pays 1.5 percent of the price of a claim for filing a pecuniary claim.

An individual pays 1 percent of the price of the claim for filing a pecuniary claim.

For filing a non-pecuniary claim, a legal entity pays 1 minimum subsistence level amount for able-bodied persons, and an individual pays 0.4 of the minimum subsistence level amount for able-bodied persons.

An appeal against a court decision will cost 150 percent of the rate payable when filing a statement of claim, and a cassation appeal will cost 200 percent of the rate payable when filing a statement of claim, another statement and an appeal equalling to the disputed amount.

The legislation restricts the number of persons who can file appeals and cassation appeals, the terms of filing such appeals, grounds and objects of appeal.

The court decision may be challenged by: participants in a case, as well as persons who did not participate in a case, if the court has resolved the issue of their rights, freedoms, interests and (or) responsibilities.

The term for filing an appeal against a court decision is 30 days, and against a court ruling — 15 days following the date of promulgation of the decision.

A cassation appeal against a court decision is filed within 30 days following the date of its promulgation. The grounds for challenging the decisions in cassation proceedings are limited by legislation.

Commercial courts consider disputes related to business activities and other categories of cases, including:

• contractual disputes arising at entering into, amending, terminating and conducting transactions in business activities
• disputes over privatization of property
• corporate disputes
• disputes over financial instruments, in particular securities
• disputes over title or another proprietary right to property, registration or accounting of property rights, invalidation of acts violating such rights
• disputes related to the protection of economic competition, restriction of monopolism in business activities, protection against unfair competition
• bankruptcy cases
• disputes between a legal entity and its officer on compensation for damages caused to a legal entity by actions (inaction) of such an officer
• disputes over the protection of business reputation, etc.

In the first-instance court, cases are considered by a judge solely, but depending on the category and complexity of the case, it can be considered collectively by three judges.

In the court of appeal, the case is considered by a panel of judges consisting of three judges.

In the court of cassation, cases are considered by a panel of judges consisting of three or more odd number of judges.

In the High Court of Intellectual Property, cases are considered by a panel of judges consisting of three judges.

Commercial cases are considered only by courts, no jurors participate in the consideration of such cases. In commercial proceedings, the judge plays a more passive role compared to the parties in the case. In particular, the judge ensures the following:

• manages the course of the litigation
• uses mediation in resolving disputes
• explains to the litigants their procedural rights and obligations, consequences of the performance or failure to perform procedural actions
• prevents the abuse of rights by litigants
• only in exceptional cases has the right to collect evidence on his/her own initiative

If the statement of claim meets the requirements of procedural law, the court opens proceedings within 5 days and specifies in the decision how the case shall be considered: in general adversary proceedings or in summary proceedings. This shall affect the term of case consideration. The term of consideration of a case commences once the proceedings in such a case are opened.

In general adversary proceedings, consideration of a case must not exceed 90 days, including a maximum of 60 days is allotted for preparatory proceedings and 30 days for consideration of the case on the merits.

In summary adversary proceedings, a case is considered no more than 60 days.

Consideration of a case ends with the delivery of a relevant court decision.

In commercial litigation, there are the following types of evidence:

• written, physical and electronic evidence
• expert opinions
• testimony of witnesses

The parties and other participants in the case submit evidence in the case directly to the court.

Any evidence submitted by the parties to the court must be providedprior to other participants in the case for prior review.

Evidence is submitted by the parties to the case along with the first statement on the merits of the case.

If the evidence can not be submitted within the specified term reasonably, a litigant must notify the court thereof in writing and specify: the evidence, which can not be submitted; reasons for which it can not be submitted within the specified term; proof that the person has taken all actions within his/her control aimed at obtaining such evidence.

The term for submitting evidence may be extended only if the court finds that the person missed such a term reasonably

A party may file a motion with the court to call evidence if he/she can not obtain it on his/her own.

Witness testimony is set out in writing in the witness statement.

A witness has no right to refuse to testify, except for testifying about him-/herself, his/her family members or close relatives.

A witness is summoned by a court for questioning on the initiative of the court or following the request of a participant in the case if circumstances stated by the witness in the statement contradict other evidence or raise doubts in court as to their content, authenticity or completeness.

A witness must appear in court upon his/her summons at the appointed time and give truthful testimony about the circumstances known to him/her.

Injunctive relief is taking measures by a court, which guarantee the enforcement of a court decision should the claims be granted. Injunctive relief is a temporary measure valid during the consideration of case by court.

Injunctive relief applies both before the claim is filed and at any stage of the case consideration.

In commercial proceedings, the injunctive relief shall be applied, inter alia, through:

• arrest of property and (or) funds belonging to the defendant and held by him/her or other persons
• prohibition for the defendant to perform certain actions
• prohibition for other persons to take action in respect of the subject of the dispute or to make payments, or to transfer property to the defendant
• termination of foreclosure under a writ of execution
• termination of sale of property, if the claim is filed to recognize the title to such property, or to exclude it from distraint and to lift the arrest thereon
• suspension of customs clearance of goods or items containing intellectual property
• arrest of a marine vessel, etc.

There are cases when injunctive relief can not be applied. In particular as follows:

• the court may not prohibit in corporate disputes:
• to hold general meeting of shareholders or participants of a business company and for them to adopt decisions
• for the shareholders or participants to participate in general meeting of the company, determine the competence of the general meeting of shareholders or participants of a business company
• for the state authorities, local self-government bodies, the Deposit Guarantee Fund to perform powers vested in them under the legislation
• by terminating the decisions of the National Bank of Ukraine, as well as imposing a prohibition or obligation on the National Bank of Ukraine to perform certain actions, the obligation to refrain from performing certain actions
• by seizing property, imposing a prohibition or obligation on the Deposit Guarantee Fund or a bank classified as insolvent, or a bank undergoing liquidation
• by terminating certain decisions, certain acts, imposing a prohibition or obligation on the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, the National Securities and Stock Market Commission to perform certain actions
• perishable items may not be arrested.

Participants in the case shall state in writing their claims, objections, arguments, explanations and opinions on the subject matter of a dispute in statements on the merits of the case.

Statements on the merits of the case are the following:

• statement of claim
• response to the statement of claim
• answer to the response
• objections
• explanations of a third party in respect of the claim or response

There are the following main remedies for protecting the rights and interests in commercial proceedings:

• recognition of a right
• invalidation of a transaction
• termination of the action that violates the right
• restoration of the pre-violation position
• enforcement of an obligation in kind
• change of legal relations
• termination of legal relations
• compensation for damages and other methods of compensation for pecuniary damage
• compensation for non-pecuniary damage
• recognition of decisions, actions or inaction of a state authority or local self-government body, their officers and officials as illegal

In this case, the court is not restricted by the designated remedies as, according to the legislation, the plaintiff may independently choose effective remedies.

The court may also protect rights, freedoms or interests of individuals using other remedies established by a contract or law. In this case, the court is not restricted by the remedies established by a contract or law, and may use other effective remedies not contradicting the law.

Court costs consist of:

• court fee
• costs associated with the case consideration:
• on professional legal assistance
• on the involvement of witnesses, specialists, interpreters, experts and conducting expert examination
• on the discovery of evidence, examination of evidence at its location, ensuring of evidence
• on the performance of other procedural actions necessary for the consideration of a case or preparation for the consideration thereof

The procedure of legal fee settlements in each case are carried out on the terms and conditions specified  by an agreement between an attorney and a client.

Along with the first statement on the merits of the dispute, each party submits a preliminary (approximate) calculation of the amount of court costs to the court, which it has incurred or will incur in connection with the case consideration.

If a party fails to submit a preliminary calculation of the amount of court costs, the court may deny compensation for the relevant court costs, except for the amount of court fees paid by it.

Following the motion of the unsuccessful party, the court may reduce the amount of court costs due.

Following the results of case consideration, the court is authorized to distribute court costs among the parties. Usually court costs are borne by the unsuccessful party.

In case of applying to court, a court fee must be paid.

The court fee is paid, in particular, for filing a claim or other application, appeals and cassation appeals, etc.

The court fee is paid as a percentage of the price of the claim or in a fixed amount. Amount of the court fee rates varies depending on the category and subject matter of a dispute, court, type of plaintiff, etc.

For example, a fee of 1.5 percent of the price of a claim is paid for filing a pecuniary claim.

A fee of 1 percent of the price of the claim is paid for filing a non-pecuniary claim.

An appeal against a court decision will cost 150 percent of the rate payable when filing a statement of claim, and a cassation appeal will cost 200 percent of the rate payable when filing a statement of claim, another statement and an appeal equalling to the disputed amount.

The legislation restricts the number of persons who can file appeals and cassation appeals, the terms of filing such appeals, grounds and objects of appeal.

The court decision may be challenged by: participants in a case, as well as persons who did not participate in a case, if the court has resolved the issue of their rights, freedoms, interests and (or) responsibilities.

The term for filing an appeal against a court decision is 20 days, and against a court ruling — 10 days following the date of promulgation of the decision.

A cassation appeal against a court decision is filed within 20 days following the date of its promulgation. The grounds for challenging the decisions in cassation proceedings are limited by legislation.

Disputes on claims of individuals or legal entities filed against state authorities and local self-government bodies are considered in administrative proceedings.

For example, a person may apply to an administrative court to recognize as illegal and revoke a regulation or an individual act.

Actions or inaction of state authorities may also be recognized as illegal in administrative proceedings.

Administrative courts also consider other categories of disputes, such as:

• concerning civil service;
• related to elections or referendums;
• on appealing against decisions of certification, competition, medical and social expert commissions;
• on the formation of composition of state authorities, local self-government bodies, election, appointment, dismissal of their officers, etc.

In the first-instance court, the case is considered by a judge solely, but depending on the category and complexity of the case, it can be considered collectively by three judges. Cases of challenging the decisions, actions or inaction of the Cabinet of Ministers of Ukraine, the National Bank of Ukraine, district election commission (district referendum commission) are considered by a panel of judges consisting of three judges.

In the court of appeal, cases are considered by a panel of judges consisting of three judges.

In the court of cassation, cases are considered by a panel of judges consisting of three or more odd number of judges.

Administrative cases are considered only by judges. In administrative proceedings, the judge plays a more passive role compared to the parties in the case. In particular, the judge ensures the following:

• manages the course of the litigation
• uses mediation in resolving disputes
• explains to the litigants their procedural rights and obligations, consequences of the performance or failure to perform procedural actions
• prevents the abuse of rights by litigants
• may collect evidence on his/her own initiative

The term for applying to an administrative court is 6 months, which commences on the day when a person became or was to become aware about the violation of his/her rights, freedoms or interests.

The term for applying to an administrative court by a power entity is 3 months, which commences on the date of emergence of the grounds based on which a power entity may file the claims.

The Code of Administrative Procedure of Ukraine and laws may also set other terms for applying to the administrative court.

The term of applying to court in cases on admission of citizens to civil service, undergoing it, dismissal from civil service is 1 month.

Regulations may be challenged to the administrative court by a person to whom they are applicable during the entire term of their validity.

If a statement of claim meets the requirements of procedural legislation, the court opens the proceedings within 5 days and indicates in the decision in which proceedings the case shall be considered: general or summary. This shall affect the term of case consideration.

In general adversary proceedings, consideration of a case must not exceed 90 days, including a maximum of 60 days is allotted for preparatory proceedings and 30 days for consideration of the case on the merits. In summary adversary proceedings, a case is considered no more than 60 days.

Consideration of a case ends with the delivery of a court decision.

Certain categories of urgent cases are resolved by court with certain features in terms of timing, for example:

• cases on appeals against decisions, actions or inaction of election commissions — 2 days after the statement of claim is received
• cases initiated by tax and customs authorities — no later than 96 hours after the establishment of circumstances leading to the applicant applying to court
• cases initiated by the Security Service of Ukraine on inclusion of persons in the list of persons connected with terrorist activities or subject to international sanctions, exclusion of such persons from such a list and granting access to assets related to terrorism and its financing, proliferation of weapons of mass destruction and their financing — no later than the next business day following the date of receiving the claim
• cases on early termination of powers of the Members of Parliament of Ukraine — within 10 days after opening the proceedings in the case
• cases on bringing to administrative liability — within 10 days after the date of adoption (delivery) of the relevant decision (resolution)
• cases in respect of decisions, actions or inaction of the public (private) bailiff — within 10 days after opening the proceedings in the case
• cases on the forcible return or forcible deportation of foreigners from the territory of Ukraine — within 10 days after the date of filing the statement of claim
• cases on the detention of foreigners or stateless persons — on the day of filing the statement of claim

There are the following types of evidence:

• written, physical and electronic
• expert opinions
• testimony of witnesses

The parties and other participants in the case submit evidence in the case directly to the court.

Any evidence submitted by the parties to the court must be providedprior to other participants in the case for prior review.

Evidence is submitted by the parties to the case along with the first statement on the merits of the case.

If the evidence can not be submitted within the specified term  reasonably, a litigant must notify the court thereof in writing and specify: the evidence, which can not be submitted; reasons for which it can not be submitted within the specified term; proof that the person has taken all actions within his/her control aimed at obtaining such evidence.

The term for submitting evidence may be extended only if the court finds that the person missed such a term reasonably.

A party may file a motion with the court to call evidence if he/she can not obtain it on his/her own.

Injunctive relief is taking measures by a court, which guarantee the enforcement of a court decision should the claims be granted. Injunctive relief is a temporary measure valid during the consideration of case by court.

Injunctive relief applies both before the claim is filed and at any stage of the case consideration.

In administrative proceedings, the injunctive relief shall be applied through:

• termination of an individual act or regulation
• prohibition for the defendant to perform certain actions
• prohibition for other persons to perform actions related to the subject matter of the dispute
• termination of foreclosure under a writ of execution

There are cases when injunctive relief can not be applied. In particular, it is not allowed to apply injunctive relief through:

• termination of acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the High Council of Justice, the High Qualifications Commission of Judges of Ukraine, the Qualification and Disciplinary Commission of Prosecutors, as well as imposing prohibition or obligation on them to perform certain actions;
• termination of decisions of the National Bank of Ukraine, imposing a prohibition or obligation on it to take certain actions.

In addition, injunctive relief may not in any way interfere with the conduct of elections and the all-Ukrainian referendum, as well as the bankruptcy procedure, auction, bidding, tender held by a state authority or local self-government body.

Participants in the case shall state in writing their claims, objections, arguments, explanations and opinions on the subject matter of a dispute in statements on the merits of the case.

Statements on the merits of the case include the following:

• statement of claim
• response to the statement of claim
• answer to the response
• objections
• explanations of a third party in respect of the claim or response

There are the following remedies for protecting the rights and interests in administrative proceedings:

• recognition as illegal and invalidation of a regulation or certain provisions thereof
• recognition as illegal and revocation of an individual act or certain provisions thereof
• recognition of the actions of a power entity as unlawful and obligation to refrain from certain actions
• recognition of inaction of a power entity as unlawful and the obligation to take certain actions
• establishing whether or not a power entity has competence (authority)
• adoption by the court of one of the decisions specified in clauses 1—4, and recovery from a power entity of funds to compensate for damage caused by its unlawful decisions, actions or inaction

The specified list is not exhaustive, since the legislation allows the plaintiff to determine the effective remedy at his/her own discretion.

The court may also protect rights, freedoms and interests of individuals using other remedies not contradicting the law and ensuring effective protection of human and civil rights, freedoms and interests from violations by power entities.

Court costs consist of:

• court fee
• costs associated with the case consideration:
• on professional legal assistance
• of the parties and their representatives related to their arrival in court
• on the involvement of witnesses, specialists, interpreters, experts and conducting expert examination
• on the discovery of evidence, examination of evidence at its location, ensuring of evidence
• related to the performance of other procedural actions or preparation for case consideration

The procedure of legal fee settlements in each case are carried out on the terms and conditions specified  by an agreement between an attorney and a client. Taking into account the property status of a party, the court may reduce the amount of court costs due or release from payment thereof in full or in part, or provide for the deferred or installment payment of court costs for a specified period.

Following the results of case consideration, the court distributes court costs among the parties. Usually court costs are borne by the unsuccessful party.

In case of applying to court, a court fee must be paid.

The court fee is charged, in particular, for filing a claim or other application, appeals and cassation appeals, etc.

The court fee is charged as a percentage of the price of the claim or in a fixed amount. Amount of the court fee rates varies depending on the category and subject matter of a dispute, court, type of plaintiff, etc.

For example, a legal entity pays 1.5 percent of the price of a claim for filing an administrative pecuniary claim.

An individual pays 1 percent of the price of the claim for filing a pecuniary claim.

For filing an administrative non-pecuniary claim, a legal entity pays 1 minimum subsistence level amount for able-bodied persons, and an individual pays 0.4 of the minimum subsistence level amount for able-bodied persons.

An appeal against a court decision will cost 150 percent of the rate payable when filing a statement of claim, and a cassation appeal will cost 200 percent of the rate payable when filing a statement of claim.

The legislation restricts the number of persons who can file appeals and cassation appeals, the terms of filing such appeals, grounds and objects of appeal.

The court decision may be challenged by: participants in a case, as well as persons who did not participate in a case, if the court has resolved the issue of their rights, freedoms, interests and (or) responsibilities.

The term for filing an appeal against a court decision is 30 days, and against a court ruling — 15 days following the date of promulgation of the decision.

A cassation appeal against a court decision is filed within 30 days following the date of its promulgation. The grounds for challenging the decisions in cassation proceedings are limited by legislation.