ECONOMIC PROCEDURAL LAW

LIST OF EXAM QUESTIONS

1.Court system of Ukraine. The place of Economic courts in court system of Ukraine. 3
2.General characteristics, importance and the structure of Economic Procedure Code of Ukraine. 3
3.The system, composition and the structure of Economic courts of Ukraine. 4
4.Tasks of Economic courts...........................................................................5
5.Principles of economic litigation, their types and importance for proper resolution of a dispute. 6
6.The definition of economic procedural law, its object and methods..........7
7.Sources of economic procedural law..........................................................7
8.The right to apply to Economic court.........................................................8
9.Forms and stages of economic proceedings................................................9
10.Exclusive subject-matter jurisdiction of Economic courts. Criteria for division between economic, administrative and civil subject-matter jurisdictions. 10
11.Definition and types of jurisdiction of Economic courts, their characteristics. 14
12.Territorial and exclusive jurisdiction of Economic courts......................14
13.Securing a claim in economic litigation. Types of measures for securing a claim. 16
14.Counter-injunction while securing a claim.............................................19
15.The definition and types of legal expenses in economic litigation.........20
16.The amount of court fee, legal order of its payment...............................23
17.Terms of consideration of a case by Economic Court. Legal grounds and procedure for the extension of terms of consideration of a case. 25
18.Classification of participants in economic litigation...............................26
19.Rights and obligations of participants in the case...................................28
20.The legal status of a judge in economic litigation...................................29
21.Legal grounds for recusal of a judge in economic litigation...................31
22.The legal status of the parties of the case in economic litigation............32
23. Legal status of a plaintiff and defendant in economic litigation............34
24.The legal status of third parties in economic litigation...........................35
25. Representatives in economic litigation............................................37
26. Documents, confirming the powers of representatives in economic litigation. 39
27. The legal status of bodies and persons authorized by law to apply to a court in the interests of other persons. 40
28. Participation of a prosecutor in consideration of economic dispute.40
29. An expert, a legal expert, a specialist in economic litigation...........41
30. The legal status of a witness in economic litigation........................43
31. The legal definition of evidences, characteristics of evidences.............45
32. Types of evidences in economic litigation, the rules of their assessment by the court. 46
33. The legal order of evidence submission.................................................47
34. Written, material and electronic evidences in economic litigation, the legal order of their submission. 48
35. Appointment of exper texamination by Economic court. Assessment of the expert conclusion by Economic court. 50
36. The legal status of Arbitration courts. The jurisdiction of Arbitration courts in Ukraine. 51
37. Grounds and legal order of appeal of decisions of Ukrainian Arbitration courts. 52
38. Competence of Arbitration courts in Ukraine. Legal status of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and
Industry........................................................................................................54
39. Consideration of disputes by Arbitration courts. Arbitration clause. Enforcement of the decision of Arbitration court. 55
40.Characteristic of writ proceeding............................................................56
41. The legal status of participants of writ proceeding................................58
42. Statement of claim in economic litigation. Scope and form of a statement of claim. Price of a claim. 59
43. The rules of filing of a statement of claim.............................................63
44. Statements on the merits in economic litigation....................................64
45. Legal grounds for Leaving the claim without consideration. Suspending and closure the proceeding64
46. Legal grounds for return of the statement of claim................................66
47. The legal grounds for refusal to open a proceeding...............................66
48. The legal order of the opening of economic litigation. Objectives and terms of preparatory proceedings. 67
49. The legal order of settlement of a dispute with the participation of a judge in economic litigation. 68
50. Refusal of the plaintiff from the claim. Acknowledging of the claim by the defendant. Settlement (amicable) agreement of the parties. 70
51. Resignation of a claim without consideration. Stopping and closing the proceedings. 71
52. Consideration of the case on the merits.................................................74
53. Grounds for postponing the consideration of the case...........................81
54. The rights of Economic court in the consideration of the case on the merits and making a decision. 82
55. Legal characteristic of court decisions...................................................82
56. Types of court decisions.........................................................................84
57. Consideration of cases in the order of simplified litigation...................85
58. Comparison of general and simplified litigations in Economic courts.. 87
59. The definition of bankruptcy..................................................................89
60. General characteristic of bankruptcy proceedings.................................90
61. The judicial insolvency (bankruptcy) proceedings................................91
62. Parties to insolvency proceedings and their rights.................................92
63. The legal status of insolvency manager in the bankruptcy proceeding. 93
64. Solvency renewal proceedings in the bankruptcy cases (sanation of a debtor). 94
65. Liquidation of a debtor in bankruptcy cases..........................................96
66. Particularities of insolvency of certain debtors......................................97
67 General rules of filing an appeal complaint............................................98
68.The legal order of opening of appeal proceeding..................................102
69.The legal order of appeal review...........................................................104
70.The legal procedure of appeal of the rulings of Economic court..........106
71.Powers of the Court of Appeal..............................................................108
72.Decisions of the Court of Appeal..........................................................111
73.The right for filing of a cassation complaint. The legal order of filing a cassation complaint. 113
74.Content of cassation complaint.............................................................114
75.The role of the Court of Cassation and its Powers................................114
76.The rules of cassation consideration of the case. The limits of consideration of the case by the court of cassation. 115
77.Grounds for the transfer of the case to the Grand Chamber of the Supreme Court. 115
78.Types of proceedings for reconsideration of the Economic court decisions, their characteristics and specialties. 116
79.Grounds for review of court decisions for newly discovered or exceptional circumstances. 116
80.Legal order of filing a claim to Economic court of Ukraine by foreign entities. 117
81.Legal procedure of enforcement of Economic court decisions.............117

1.Court system of Ukraine. The place of Economic courts in

court system of Ukraine.

Судова система України. Місце господарських судів у судовій

системі України.

Commercial courts make up a single system of specialized courts,

which consists of:
- local commercial courts
- appellate commercial courts
- cassation commercial court
The entire system of courts of general jurisdiction is headed by the
Supreme Court.
Local commercial courts are courts of first instance.
 Commercial appellate courts, of which 11 have been established in
Ukraine and the effect of each of which extends to the territory of a
certain defined region of Ukraine, are courts of appellate instance. They
were formed in accordance with the Decree of the President of Ukraine
dated July 11, 2001.
The Supreme Economic Court is the highest specialized court. It
performs the function of a court of cassation.
The place and functional purpose of the economic courts in the
national judicial system is determined by the following factors: the list
of economic disputes, the consideration and resolution of which are
specialized by the economic courts; the administrative-territorial
structure of the state, taking into account which the network of
economic courts is built; the presence in the judicial system of economic
courts of three instances, which operate within the relevant stage of the
economic process.
2.General characteristics, importance and the structure of
Economic Procedure Code of Ukraine.
Загальна характеристика, значення та структура
Господарського процесуального кодексу України.
The Economic Procedural Code of Ukraine is a legal codified act,
which is considered the main source of judicial proceedings in economic
cases and bankruptcy cases. This is one of the oldest codes of Ukraine,
it was adopted by the Verkhovna Rada on November 6, 1991, and
entered into force on March 1, 1992. Until 2001, this regulatory act was
called the Arbitration Procedure Code of Ukraine. The Code of
Economic Procedure consists of 11 chapters and 371 Articles.
The Commercial Procedure Code of Ukraine determines the
jurisdiction and powers of commercial courts, establishes the procedure
for conducting proceedings in commercial courts. Every person who
believes that his right or interest protected by law has been violated or
disputed has the right to apply to the commercial court.
The adoption by the Verkhovna Rada of Ukraine of the Law "On
Amendments to the Commercial Procedural Code of Ukraine, the Civil
Procedural Code of Ukraine, the Code of Administrative Procedure of
Ukraine and other legislative acts" dated October 3, 2017, made significant
changes to the activity of commercial courts. In this connection, there was a
need to study both theoretical and practical aspects of new phenomena in
economic litigation.
The new version of the Economic Procedural Code of Ukraine is essentially
a new code in which the legislative regulation of the economic process has
been significantly expanded, in particular, new forms of judicial
proceedings, new procedural institutions, new types of evidence and new
participants in the judicial process have been introduced. The creation of the
High Court on Intellectual Property Issues as a specialized court is new for
the type of business litigation, the appellate and cassation proceedings have
also undergone significant changes
3.The system, composition and the structure of Economic
courts of Ukraine.
Система, склад і структура господарських судів України.
According to Article 124 of the Constitution of Ukraine, justice in Ukraine
is administered exclusively by courts. Economic courts are part of the
system of courts of general jurisdiction.
Economic courts are a special type of judicial bodies that exercise judicial
power by resolving economic disputes and other cases within their
jurisdiction. Economic courts have their own competence, and the
procedure of proceedings in them has specifics established by the Economic
Procedural Code of Ukraine.
The system of economic courts of Ukraine is based on the general principles
and provisions of the judicial system and legal proceedings.
Economic courts form a single three-tier system, which consists of:
- local economic courts;
Local economic courts are district economic courts.
 All cases to be resolved in economic proceedings are considered by local
economic courts as courts of first instance.
Local economic courts consider cases arising from economic legal relations,
as well as other cases referred by law to their jurisdiction.
The local court consists of judges of the local court, from among whom the
chairman of the court and, in cases determined by law, the deputy or deputy
chairmen of the court are appointed.
- economic courts of appeal;
Appellate courts act as courts of appeal, and in cases determined by the
procedural law - as courts of first instance, for consideration of civil,
criminal, economic, administrative cases, as well as cases of administrative
offenses.
Appellate courts for consideration of commercial cases are, respectively,
commercial courts of appeal, which are formed in the relevant appellate
districts.
The economic courts of appeal review on appeal the court decisions of local
economic courts located within the relevant appellate district (the territory
covered by the powers of the relevant economic court of appeal).
-The Commercial Court of Cassation
is one of the four cassation courts within the Supreme Court of Ukraine,
which carries out cassation proceedings in commercial cases.
The judicial reform of 2016 provided for the liquidation of the Supreme
Economic Court of Ukraine in connection with the establishment of the new
Supreme Court as the highest court in the judicial system of Ukraine. On
December 15, 2017, the new Supreme Court started its activity, and the
Commercial Court of Cassation became part of it.
The Commercial Court of Cassation shall establish separate chambers
for consideration of cases on (about)
1) bankruptcy;
2) protection of intellectual property rights, as well as related to
antimonopoly and competition law
3) corporate disputes, corporate rights and securities.
The place and functional purpose of the economic courts in the national
judicial system is determined by the following factors: the list of economic
disputes, the consideration and resolution of which are specialized by the
economic courts; the administrative-territorial structure of the state, taking
into account which the network of economic courts is built; the presence in
the judicial system of economic courts of three instances, which operate
within the relevant stage of the economic process.
The composition of the local commercial court is determined by Part 4 of
Art. 21 of the Law of Ukraine "On the Judiciary and the Status of Judges", a
local court consists of local court judges, from among whom the chairman
and deputy chairman of the court are appointed. In a local court, the number
of judges in which exceeds fifteen, no more than two deputy heads of the
court may be appointed.
The number of judges in the court is determined by the State Judicial
Administration of Ukraine at the request of the Minister of Justice of
Ukraine based on the proposal of the chairman of the corresponding higher
specialized court, taking into account the scope of the court's work and
within the limits of expenses approved in the State Budget of Ukraine for
the maintenance of courts.
The composition of the appellate commercial court is determined by Part
4 of Art. 26 of the Law of Ukraine "On the Judiciary and the Status of
Judges", the appellate court includes judges who have experience working
as a judge for at least five years, from among whom the chairman of the
court and his deputies are appointed. In an appellate court, where the
number of judges exceeds thirty-five, no more than three deputy presiding
officers may be appointed.
4.Tasks of Economic courts.
Завдання господарських судів.
The main tasks of the commercial court are as follows:
- protection of the rights and legally protected interests of the participants in
economic legal relations;
- promoting the strengthening of legality in the field of economic relations;
- introduction of proposals aimed at improving the legal regulation of
economic activity.
To fulfill the specified tasks, commercial courts perform the following main
functions:
- administer justice in economic relations, i.e. resolve economic disputes
and other matters referred to the jurisdiction of economic courts;
- warn of violations of legislation in the field of economic activity;
- keep statistical records and analyze statistical data on their activities;
- study and generalize the practice of applying legislation in the
consideration of economic disputes;
- carry out organizational management of commercial courts.
The nature and content of tasks and functions of commercial courts testify
to their exceptionally important role in the mechanism of managing the
state's economy.
Article 2. Tasks and basic principles of economic justice
The task of the commercial court is the fair, impartial and timely resolution
by the court of disputes related to the implementation of economic activity,
and consideration of other cases referred to the jurisdiction of the
commercial court, with the aim of effective protection of violated,
unrecognized or contested rights and legitimate interests of physical and
legal persons, the state.
5.Principles of economic litigation, their types and
importance for proper resolution of a dispute.
Принципи господарського судочинства, їх види та значення
для правильного вирішення спору.
Article 2. Tasks and basic principles of economic justice
3. The main bases (principles) of economic litigation are:
1) rule of law;
2) equality of all participants in the legal process before the law and the
court;
3) publicity and openness of the judicial process and its complete recording
by technical means;
4) competitiveness of the parties;
5) dispositivity;
6) proportionality;
7) the binding nature of the court decision;
8) ensuring the right to appellate review of the case;
9) provision of the right to cassation appeal of a court decision in cases
specified by law;
10) reasonableness of the terms of consideration of the case by the court;
11) inadmissibility of abuse of procedural rights;
12) reimbursement of court costs of the party in whose favor the court
decision was passed.
The principles of economic justice are its fundamental, fundamental legal
provisions
ideas that are contained in the norms of economic procedural legislation and
that determine the system of organization of the economic court1, its
activity with the aim of making legal and justified decisions and the
peculiarities of the procedural activity of other participants in the process.
The importance of the principles of economic justice lies in the fact that
they are a guideline in rulemaking activities in the improvement of
economic procedural legislation; enable economic
the court to ensure the correct clarification of economic procedural
legislation and its application
according to the actual meaning, not only when considering a case in a local
commercial court, but also when reviewing a case in appeal, cassation
proceedings, in the Supreme Court and under newly discovered
circumstances. This substantiates the relevance and necessity of the
research.
In the legal literature, there are several approaches to the classification of
principles. In particular, their division into principles of legality, functional
principles (dispositive, adversarial, procedural equality of parties,
continuity), organizational and functional (independence of judges, their
obedience to the Constitution of Ukraine and laws, individuality and
collegiality, equality before the court and the law, the official language of
the judiciary) .
Тhe classification of principles depending on the object of regulation
deserves attention, according to which the following are distinguished:
- principles determining the organization and organization of the
commercial court (organizational principles);
- principles that regulate the activity of the commercial court (functional
principles).
Organizational principles include:
1. The principle of appointing judges of commercial courts by higher bodies
of state power. Judges are elected by the Verkhovna Rada of Ukraine
indefinitely in accordance with the procedure established by the Law of
Ukraine "On the Status of Judges". The first appointment to the position of
a judge is carried out by the President of Ukraine for a period of five years.
2. The principle of transparency and openness of the economic process.
This principle is enshrined in Clause 7, Part 3, Art. 129 of the Constitution
of Ukraine, and later it was developed in Art. 9 of the Law of Ukraine "On
the Judicial System of Ukraine". No one can be limited in the right to
receive oral or written information about the results of his case in court.
Functional principles include the following:
1. The principle of legality, which is constitutional, since part 2 of Art. 19 of
the Constitution of Ukraine states that state authorities (which include the
commercial court) are obliged to act only on the basis, within the limits of
authority and in the manner provided for by the Constitution and laws of
Ukraine. The principle of legality as the main basis of judicial proceedings
is also established in Clause 1, Part 3 of Art. 129 of the Constitution of
Ukraine.
2. Competitiveness of the parties and freedom in providing their evidence to
the court and in proving their persuasiveness before the court. In accordance
with this principle, the parties in the business process are provided with
ample opportunities to defend their positions in the dispute. The parties
have the right to cite legal facts that substantiate their claims and objections,
as well as to provide evidence to support these facts. They have the right to
know the arguments, demands and objections of the other party to the
dispute, to familiarize themselves with the case materials, to express their
arguments about them, to participate in the discussion of the evidence
collected in the case, their verification, to make various motions in this
connection, to put each other and other participants in the issue process.
6.The definition of economic procedural law, its object and
methods.
Визначення господарського процесуального права, його
об’єкт і методи.
Commercial procedural law is a system of legal norms that regulate
relations in the field of commercial procedural activity of the commercial
court and other interested parties: persons related to justice and the conduct
of cases that are subordinate to the courts. Commercial procedural law
belongs to the system of procedural branches of law (along with civil
procedural, criminal procedural and other procedural branches) and by its
substantive characteristics belongs to the branches of law of a public legal
nature. The presence of procedural relations is conditioned by the need to
regulate the activities of judicial authorities.economic process) of the court
and interested parties in the conduct of cases that are under the jurisdiction
of economic courts.
Commercial procedural law as a legal science is a set of legal knowledge
regarding the organization and activity of commercial courts and other
bodies that resolve commercial disputes. Therefore, the system of science
largely coincides with the system of economic procedural law as a branch of
law. However, the system of science also covers other issues that are not
included in the subject of the field. These are, in particular, issues of the
development of economic procedural legislation, the organization of
economic courts, the legal status of economic court judges and other issues
of general theoretical importance.
The subject of economic procedural law is the legal procedural actions
(economic process) of the court and interested parties in the conduct of
cases that are under the jurisdiction of economic courts.
The object of the study is legal relations that arise during the consideration
and resolution of economic disputes. As a science, economic procedural law
has a goal - a theoretical reflection of all the main manifestations of legal
regulation, the implementation of economic justice, as well as pre-trial
settlement of economic disputes.
The methods of legal regulation of economic procedural law are a set of
legal methods and methods of influencing relations with the subject of this
branch of law.
1. Imperative method (method of authoritative prescriptions) - in which
the rules of economic procedural law ensure the presiding position of the
economic court.
2. The dispositive method of economic procedural law defines:
– equality of the parties to the economic process within the limits
granted to them to protect their rights and interests;
- freedom of the parties to use the rights defined in the law (they can at
their own discretion use or not use the rights granted by it);
– existence of a system of guarantees of the rights of subjects of
economic procedural law.
7.Sources of economic procedural law.
Джерела господарського процесуального права.
Sources of economic procedural law are legal acts that contain legal
norms regulating economic litigation.
The sources of Economic Procedural Law we can devide into:
Legislation, International legal acts, court and arbiter practice, legal doctrine
Pursuant to Article 3 of the Code of Criminal Procedure, proceedings in
commercial courts are carried out in accordance with the Constitution of
Ukraine, the Commercial Procedure Code of Ukraine, the Law of Ukraine
"On International Private Law", as well as international treaties, the binding
consent of which
provided by the Verkhovna Rada of Ukraine.
The legal basis of the norms that directly regulate the organization and
procedure of business courts is the Constitution of Ukraine. All other
sources of economic procedural law are classified on two grounds: 1) by
legal significance and 2) by subject orientation.
The following sources of economic procedural law are distinguished by
legal significance: 1) laws of Ukraine, 2) resolutions of the Government of
Ukraine, 3) instructions of state administration bodies and other bodies.
The subject orientation of normative acts divides them into the following
groups: 1) specialized acts (normative acts regulating economic justice); 2)
other acts (normative acts that regulate relations in another sphere, but
contain separate norms that touch on the issue of economic litigation or
determine the peculiarities of consideration of certain categories of
disputes).
The main regulatory acts regulating the organization, competence and
procedure of commercial courts are the Law of Ukraine "On the Judicial
System and the Status of Judges" and the Commercial Procedural
Code of Ukraine.
The Law of Ukraine "On the Judiciary and the Status of Judges of
Ukraine" defines the tasks of commercial courts, the main principles of
their activity, the procedure for appointing judges, powers, the procedure
for the formation and operation of commercial courts of various levels,
organizational support for the activities of commercial courts, etc.
The Economic Procedural Code of Ukraine contains a set of norms that
regulate the entire economic process in detail. The Civil Code of Ukraine
was adopted by the Verkhovna Rada on November 6, 1991. Since the
adoption of the Civil Procedure Code, a number of significant changes and
additions have been made to it.
The Law of Ukraine "On the Constitutional Court of Ukraine" should be
included among the sources of economic procedural law.
Along with the specified normative acts, certain issues of the activity of
commercial courts are regulated by the relevant norms of civil and civil
procedural legislation.
The circle of laws containing separate legal norms relating to economic
proceedings is quite wide. For the most part, these are norms that
determine the subordination of cases to the commercial court, for
example, the Commercial Code of Ukraine, the Law of Ukraine "On
Foreign Economic Activity", the Law of Ukraine "On Arbitration Courts"
dated May 11, 2004, the Law of Ukraine "On Court Fees", etc.
Sources of economic procedural law are by-laws containing norms
regulating various aspects of economic litigation.
In accordance with Art. 4 of the Code of Economic Procedure, the
commercial court, in cases provided for by law or an international treaty,
applies the norms of the law of other states. Therefore, the norms of
foreign and international law, international agreements should also be
included among the sources of economic procedural law.
Regarding the application of the analogy of the law, in the absence of a law
regulating disputed relations, the commercial court applies the law
regulating similar relations (analogy of the law), and in the absence of such
law, it proceeds from the general principles and content of the legislation
(analogy of the law).
Therefore, the analogy of the law is a way of overcoming existing gaps in
the law, with the aim of settling disputed relations by the commercial court
by applying the norms of the law regulating similar relations. Аналогія
закону
In turn, the analogy of law is a way of overcoming existing gaps in the law,
when an economic dispute is resolved by a court based on the general
principles and content of legislation. Аналогія права
8.The right to apply to Economic court.
Право на звернення до господарського суду.
Article 4. The right to appeal to the commercial court
1. The right to appeal to the commercial court in the manner prescribed
by this Code shall be guaranteed. No one shall be deprived of the right to
have their case considered in the commercial court to whose jurisdiction it
is assigned by law.
2. Legal entities and individual entrepreneurs, individuals who are not
entrepreneurs, state bodies and local governments shall have the right to
apply to the commercial court to protect their violated, unrecognised or
disputed rights and legitimate interests in cases which by law come under
the jurisdiction of the commercial court, as well as to take measures defined
by law to prevent offences.
Individuals, who are not entrepreneurs, can apply to the economic
courts of Ukraine in cases of exclusive jurisdiction of economic courts,
among which are:
1. Cases in disputes arising from corporate relations
2. Cases in disputes concerning the privatization of property, except for
disputes concerning the privatization of state housing fund
3. Cases in disputes concerning legal rights on securities ( except debt
securities owned by an individual, who is not entrepreneur)
4. Cases bankruptcy
3. Persons who have been granted by law the right to apply to the court in
the interests of other persons shall also have the right to apply to the
commercial court in cases which by law come under its jurisdiction.
4. The waiver of the right to apply to the commercial court shall not be
valid.
5. The agreement of the parties on the transfer of a dispute to arbitration
(international commercial arbitration) shall be allowed.
Any dispute that meets the requirements defined by the legislation of
Ukraine on international commercial arbitration may be transferred to
international commercial arbitration by agreement of the parties, except as
defined by law.
Any dispute arising from a civil or commercial legal relationship may be
transferred to the arbitration court by agreement of the parties, except as
provided by law.
The first part of Article 4 of the Code of Civil Procedure implements the
constitutional principle of access to justice. Any person who believes that
his or her right or interest protected by law has been violated or disputed
may apply to the commercial court, and the dispute itself must be referred to
the jurisdiction of the commercial court. Guaranteeing judicial protection
from the state, the Constitution of Ukraine recognizes the right of everyone
to any non-prohibited rights to protect their rights and freedoms from
violations and illegal encroachments by legal means.
This constitutional right cannot be abrogated or limited. One of the ways to
exercise the right of everyone to protect their rights and freedoms from
violations and illegal encroachments in the field of economic relations by
any means not prohibited by law is to apply to the economic court.
Article 5 of the Code of Civil Procedure defines the methods of judicial
protection of violated, unrecognized or disputed cases and interests
protected by law. By administering justice, the commercial court protects
the rights and interests of individuals and legal entities, state and public
interests in the manner determined by law or contract.
In the event that the law or contract does not determine an effective way of
protecting the violated right or interest of the person who appealed to the
court, the court, in accordance with the claim of such a person stated in the
lawsuit, may determine in its decision such a way of protection that does not
contradict the law.
9.Forms and stages of economic proceedings.
Форми та стадії господарського судочинства.
Article 12. Forms of commercial proceedings
1. Commercial proceedings shall be administered according to the rules
provided for in this Code in accordance with the procedures of:
1) writ proceedings;
2) action proceedings (general or simplified).
2. The writ proceedings are intended for consideration of cases upon
applications for recovering insignificant amount of money, which are
undisputed or the applicant is not aware of their existence.
3. Simplified action proceedings are intended for consideration of
insignificant cases, minor cases and other cases, for which prompt case
resolution is the priority.
The general action proceedings are intended for consideration of cases,
the consideration of which is inexpedient in the simplified action
proceedings due to complexity or other circumstances.
4. The conditions, under which the court has the right to consider claims for
recovery of money in writ proceedings and cases in general or simplified
action proceedings, shall be determined by this Code.
5. For the purposes of this Code, insignificant cases are:
1) cases whose cost of claim does not exceed one hundred times the
subsistence level for able-bodied persons;
2) minor cases recognised by the court as insignificant, except for cases that
are subject to consideration only under the rules of general action
proceedings and cases in which the cost of claim does not exceed five
hundred times the subsistence level for able-bodied persons.
6. Commercial courts shall consider bankruptcy cases in the manner
prescribed by this Code for action proceedings, taking into account the
specific aspects established by the Law of Ukraine “On Restoring a Debtor's
Solvency or Recognising It Bankrupt”.
7. For the purposes of this Code, the subsistence level for able-bodied
persons shall be calculated as of 1 January of the calendar year, in which the
relevant application or complaint is filed, a procedural action is taken or a
judgment is made.
Forms of proceedings:
Injunctive proceedings, which are intended for consideration of cases on
applications for recovery of small sums of money, in respect of which there
is no dispute or its existence is unknown to the applicant.
General legal proceedings are intended for consideration of cases which,
due to complexity or other circumstances, are inappropriate to consider in
simplified legal proceedings.
Simplified legal proceedings are intended for consideration of minor cases,
cases of minor complexity and other cases for which a quick resolution of
the case is a priority.
Also following forms of economic litigation could be outlined:
1. Bankruptcy proceedings
2. Proceedings of compulsory execution of court and arbitrational
decisions
3. Pre-court regulation proceedings
 4. Proceedings of realization of measures to secure a claim
The stage of commercial proceedings is a set of procedural actions
intended to solve an independent procedural task at a certain stage of the
development of proceedings in commercial courts.
The stages reflect the logical and temporal characteristics of proceedings in
commercial courts.
Among the stages of economic litigation, the following are
distinguished:
opening of proceedings in the case; preparatory proceedings;
consideration of the case on its merits; appeal proceedings;
execution of court decisions; cassation proceedings;
revision of court decisions for newly discovered or exceptional
circumstances.
10.Exclusive subject-matter jurisdiction of Economic courts.
Criteria for division between economic, administrative and
civil subject-matter jurisdictions.
Виключна предметна юрисдикція господарських
судів. Критерії поділу господарської,
адміністративної та цивільної предметної
юрисдикції.
Article 20. Cases related to the jurisdiction of commercial courts
1. Commercial courts shall consider cases in disputes arising in
connection with the conduct of economic activities (except for cases
provided for in Part 2 of this Article) and other cases specified by law,
in particular:
1) cases in disputes arising from the conclusion, amending, termination and
execution of transactions in economic activities, except for transactions, in
which an individual is a not an entrepreneur, as well as in disputes
concerning transactions concluded to ensure the fulfilment of obligations,
the parties to which are legal entities and (or) individual entrepreneurs;
2) cases in disputes concerning the privatisation of property, except for
disputes over the privatisation of the state housing stock;
3) cases in disputes arising from corporate relations, including disputes
between participants (founders, shareholders, members) of a legal entity or
between a legal entity and its participant (founder, shareholder, member),
including a terminated participant, related to the establishment, activities,
management or termination of such a legal entity, except for labour
disputes;
4) cases in disputes arising from transactions concerning shares, stakes,
stock, other corporate rights in a legal entity, except for transactions in
family and inheritance relations;
5) cases in disputes concerning securities, including those related to rights
to securities and rights arising from them, issue, placement, circulation and
redemption of securities, accounting for rights to securities, obligations
under securities, except for debt securities owned by an individual who is
not an entrepreneur and promissory notes used in tax and customs relations;
6) cases in disputes concerning the right of ownership or other real rights to
property (real and personal, including land), registration or accounting of
rights to property, which (rights to which) are the subject of dispute,
invalidation of acts violating such rights, except for disputes, to which an
individual who is not an entrepreneur is a party, and disputes concerning the
seizure of property for public needs or for reasons of public necessity, as
well as cases in disputes over property that is the subject of securing an
obligation, the parties to which are legal entities and (or) individual
entrepreneurs;
7) cases in disputes arising from relations related to the protection of
economic competition, restriction of monopoly in economic activities,
protection against unfair competition, including in disputes related to
appeals against the judgments of the Anti-Monopoly Committee of Ukraine,
as well as cases filed by the bodies of the Anti-Monopoly Committee of
Ukraine on issues referred by law to their competence, except for disputes
referred to the jurisdiction of the High Intellectual Property Court;
8) bankruptcy cases and cases in disputes with property claims against the
debtor, in respect of which bankruptcy proceedings have been initiated,
including cases in disputes on invalidation of any transactions (agreements)
concluded by the debtor; recovery of wages; reinstatement of officials and
employees of the debtor, except for disputes over the definition and
payment (recovery) of monetary obligations (tax debt) determined in
accordance with the Tax Code of Ukraine, as well as disputes over the
invalidation of transactions at the request of the supervisory authority
defined by the Tax Code of Ukraine;
9) cases on approval of plans to financial recovery of the debtor before
initiating bankruptcy proceedings;
10) cases in disputes concerning appeals against acts (judgments) of
economic entities and their bodies, officials and employees in the field of
organisation and conducting economic activities, except for acts
(judgments) of authorities adopted to exercise their managerial functions, as
well as disputes, to which an individual who is not an entrepreneur is a
party;
11) cases on appeals against judgments of arbitration courts and on issuance
of an order for enforcement of arbitration judgments made in accordance
with the Law of Ukraine “On Courts of Arbitration” if such judgments are
made in disputes defined in this Article;
12) cases in disputes between a legal entity and its employee (including an
employee whose powers have been terminated) on compensation for
damages caused to a legal entity by action (inaction) of such an employee at
the request of the owner (participant, shareholder) of such a legal entity
filed in its interests;
13) requirements for registration of property and property rights, other
registration activities, invalidation of acts violating property rights, if such
requirements are derived from a dispute over such property or property
rights or a dispute arising from corporate relations, if this dispute is subject
to consideration in the commercial court and transferred to its consideration
together with such requirements;
14) cases in disputes concerning the protection of business reputation,
except for disputes, to which an individual who is not an entrepreneur or an
individual entrepreneur is a party;
15) other cases in disputes between business entities;
16) cases on applications for the issuance of a court order if an applicant
and a debtor are a legal entity or an individual entrepreneur;
17) cases arising from the conclusion, amendment, termination and
execution of agreements concluded within the framework of public-private
partnership, including concession agreements, except for disputes, which
are considered as part of other proceedings.
2. The High Intellectual Property Court shall consider cases concerning
intellectual property rights, in particular:
1) cases in disputes concerning the rights to invention, utility model,
industrial design, trademark (trademark for goods and services), commercial
name and other intellectual property rights, including the right to prior use;
2) cases in disputes concerning registration, accounting of intellectual
property rights, invalidation, renewal, early termination of patents,
certificates, other acts certifying such right or on the basis of which such
rights arise, or which violate such rights or related legal interests;
3) cases concerning recognition of a trademark as well known;
4) cases in disputes concerning copyright and related rights, including
disputes concerning collective management of the author's proprietary
rights and related rights;
5) cases in disputes concerning the conclusion, amendment, termination and
execution of an agreement on the disposal of intellectual property rights,
commercial concession;
6) cases in disputes arising from relations related to protection against
unfair competition concerning: illegal use of markings or goods of another
manufacturer; copying of product appearance; collection, disclosure and use this article; ... 13) requirements regarding registration of property and
of trade secrets; appeal against the judgments of the Anti-Monopoly property rights, other registration actions, invalidation of acts that violate
Committee of Ukraine on the issues specified in this Paragraph. property rights (property rights), if such requirements are derived from a
dispute regarding such property or property rights or a dispute arising from
The criteria for the delimitation of court jurisdictions are understood as
corporate relations , if this dispute is subject to consideration in commercial
legally established features that determine the competence of courts to
court and transferred to it for consideration together with the following
consider cases, including legally defined categories of cases belonging to
requirements; 16) cases on applications for the issuance of a court order, if
the same jurisdiction.
the applicant and the debtor are a legal entity or a natural person - an
In accordance with the provisions of the Commercial Procedure Code of
entrepreneur; others
Ukraine (CPC of Ukraine), the criteria for assigning a dispute to the subject
matter jurisdiction of commercial courts are:
1) circle of persons who can apply to commercial courts;
2) belonging to the list of cases to be reported to commercial courts
established in Art. 12 of the Economic Procedure Code of Ukraine

Part 1, 3, 8 of Article 19 of the Civil Procedural Code
1. Courts consider cases arising from civil, land, labor, family, housing and
other legal relations in the manner of civil proceedings, except for cases, the
consideration of which is carried out in the order of another judicial
proceeding.
Also requirements for registration of property and property rights, other
registration actions, if such requirements are derived from a dispute
regarding such property or property rights, if this dispute is subject to
consideration in the local general court and referred to it for consideration
with such requirements.
3. Injunctive proceedings are intended for consideration of cases for
applications for the collection of small sums of money, in respect of which
there is no dispute or the applicant is not aware of its existence.
Part 1, 2 of Article 20 of the Economic Procedural Code
Commercial courts consider cases in disputes arising in connection with the
implementation of economic activity (except for the cases provided for in
the second part of this article), and other cases in cases determined by law,
in particular: 1)...; 2)…; 11) cases on appealing the decisions of arbitration
courts and on issuing an order for the enforcement of decisions of
arbitration courts formed in accordance with the Law of Ukraine "On
Arbitration Courts", if such decisions were made in the disputes specified in
Part 1, 2, 3 of Article 19 of the Сode of administrative proceedings
1. The jurisdiction of administrative courts extends to cases in public
legal disputes, in particular:
1) disputes between individuals or legal entities with a subject of authority
regarding the appeal of his decisions (normative legal acts or individual
acts), actions or inaction, except for cases when a different procedure for
court proceedings is established by law for consideration of such disputes;
1-1) in disputes between the bond issue administrator, who acts in the
interests of the bondholders in accordance with the provisions of the Law of
Ukraine "On Capital Markets and Organized Commodity Markets", with the
subject of authority in relation to the appeal of his decisions (normative
legal acts or legal acts of individual actions), actions or inaction;
2) disputes regarding the acceptance of citizens for public service, its
completion, dismissal from public service;
3) disputes between subjects of authority regarding the implementation of
their competence in the field of management, including delegated powers;
4) disputes arising from the conclusion, execution, termination, cancellation
or invalidation of administrative contracts;
5) at the request of a subject of authority in cases where the right to apply to
court for the resolution of a public-law dispute is granted to such a subject
by law;
6) disputes regarding legal relations related to the election process or the
referendum process; and others
2. The jurisdiction of administrative courts does not extend to the following
cases: 1) referred to the jurisdiction of the Constitutional Court of Ukraine;
2) that must be resolved in the criminal proceedings; 3) on the imposition of
administrative fines,
except for the cases defined by this Code; 4) regarding relations that, in
accordance with the law, the charter (regulations) of a public association,
self-regulatory organization, are attributed to his (her) internal activity or
exclusive competence, except for cases in disputes specified in clauses 9, 10
of the first part of this article.
3. Administrative courts do not consider existing claims
derived from claims in a private law dispute and declared together with
them, if this dispute is subject to consideration in a procedure other than
administrative, judicial proceedings and is under consideration by the
relevant court
It is not allowed to combine in one proceeding claims that
are subject to consideration according to the rules of various types of
judicial proceedings, unless otherwise established by law.
11.Definition and types of jurisdiction of Economic courts,
their characteristics.
Поняття та види юрисдикції господарських судів, їх
характеристика.
Sub-department is a legally defined set of powers of commercial courts
regarding consideration of cases assigned to their
competence.підвідомчість
Jurisdiction is determined by the range of cases in disputes, the resolution
of which is assigned to the jurisdiction of a certain commercial
court.підсудність
Cases under the jurisdiction of commercial courts are defined by Article 20
of the Commercial Code of Procedure
In the science of procedural (civil, economic) law, the following criteria for
the delimitation of court jurisdiction are distinguished:
1) subject – subject composition of legal relations;
2) substantive – the nature of disputed material legal relations;
3) direct indication in the law – an indication in the law of the type of
judicial proceedings in which a certain category of cases is considered.
Chapter 2 of the Economic Procedure Code defines the jurisdiction of
commercial courts. The concept of jurisdiction is closely related to the
activity of courts and refers to the delimitation of the competence of courts
that make up the judicial system of the judiciary in Ukraine. Article 20 of
the Code of Civil Procedure defines the jurisdiction of commercial
courts, a as well as the jurisdiction of the High Court on intellectual
property issues.
The first part of Article 20 of the Civil Procedure Code stipulates that a
dispute falling under the jurisdiction of a commercial court may be referred
by the parties to arbitration or international commercial arbitration.
The general rule regarding the jurisdiction of commercial courts regarding
the resolution of several related claims is defined by Article 21 of the Code
of Criminal Procedure, according to which, it is not allowed to combine
several claims in one proceeding, which are subject to consideration in the
order of different legal proceedings, unless otherwise provided by the Code
of Civil Procedure.
Instance jurisdiction
Article 24. Court of first instance
All cases that are subject to resolution in the order of commercial
proceedings are considered by local commercial courts as courts of first
instance, except for the cases specified in parts two and three of this article.
Cases concerning the appeal of decisions of arbitration courts, the issuance
of orders for the enforcement of decisions of arbitration courts are
considered by appellate commercial courts as courts of first instance at the
place of consideration of the case by the arbitration court.
The Supreme Court on Intellectual Property Issues considers cases in
disputes specified in part two of Article 20 of this Code as a court of first
instance.
Article 25. Court of Appeal
Commercial appellate courts review in an appellate manner the judgments
of local commercial courts located within the relevant appellate district
(territory covered by the powers of the relevant commercial appellate
court).
The Supreme Court reviews in an appeal procedure the court decisions of
the appellate commercial courts, adopted by them as courts of first instance.
The Appellate Chamber of the Supreme Court on Intellectual Property
issues reviews in an appeal procedure the court decisions adopted by the
Supreme Court on intellectual property issues.
Article 26. Court of cassation instance
The Supreme Court reviews in the cassation procedure the court decisions
adopted by the courts of the first and appellate instances.
12.Territorial and exclusive jurisdiction of Economic courts.
Територіальна та виключна юрисдикція
господарських судів.
The norms of the Economic Procedure Code of Ukraine on territorial
jurisdiction divide the competence of commercial courts into the following
types of territorial jurisdiction:
 ̶ general;
 ̶ alternative;
 ̶ exclusive.
The general rules of territorial jurisdiction, that is, the delimitation of the
competence of commercial courts of the first instance regarding
consideration of commercial disputes, is determined by Article 27 of the
Civil Procedure Code of Ukraine.
Article 29 of the Code of Civil Procedure of Ukraine determines the
jurisdiction of cases chosen by the plaintiff. Establishing the norms of this
article is conditioned by the necessity or expediency of giving the plaintiff
the right to choose the commercial court that will consider the case -
alternative territorial jurisdiction.
Alternative territorial jurisdiction is conditioned by the need to grant the
plaintiff the right to choose the commercial court that will hear the case,
with the exception of exclusive jurisdiction.
An exhaustive list of the plaintiff's right to choose a commercial court is
given in parts 2-10 of Article 29 of the Economic Procedure Code of
Ukraine.
Territorial jurisdiction in cases provided for by law establishes prescriptions
for the consideration of cases considered by the court.
The issue of exclusive jurisdiction is governed by the norms of Article 30
of the Economic Procedure Code of Ukraine. This means that in the
following cases, under certain circumstances, an application can be
submitted to a court defined by law. The list of grounds inherent in
economic litigation is exhaustive.
Territorial jurisdiction (jurisdiction)
Filing a lawsuit based on the location or place of residence of the defendant
1. The lawsuit is brought to the commercial court at the location or place of
residence of the defendant, unless otherwise established by this Code.
2. For purposes of determining jurisdiction in accordance with this Code,
the location of a legal entity and an individual entrepreneur shall be
determined in accordance with the Unified State Register of Legal Entities,
Individual Entrepreneurs, and Public Organizations.
3. For the purposes of determining jurisdiction in accordance with this
Code, the place of residence of an individual who is not an entrepreneur
shall be the place of residence or stay registered in accordance with the
procedure established by law.
Jurisdiction of cases in which a court or judge is one of the parties
1. Jurisdiction of a commercial case, in which one of the parties is a
commercial court or a judge of a commercial court to whose jurisdiction
this case is assigned according to general rules, is determined by a decision
of a higher instance court, rendered without notification to the parties.
2. The jurisdiction of cases in which one of the parties is the Supreme Court
is determined according to the general rules of jurisdiction.
Jurisdiction of cases at the choice of the plaintiff
1. The plaintiff has the right to choose between commercial courts, which,
in accordance with this article, the case is litigated, with the exception of
exclusive jurisdiction established by Article 30 of this Code.
2. Lawsuits in disputes involving several defendants may be brought to the
commercial court at the location or place of residence of one of the
defendants.
3. Lawsuits in disputes arising from the activities of a branch or
representative office of a legal entity may also be filed based on their
location.
4. Lawsuits to the debt collector for recognition of a notary's writ of
execution as unenforceable, or for the return of what has been levied under
a notary's writ of execution, may also be filed at the place of its execution.
5. Lawsuits in disputes arising from contracts, in which the place of
performance is defined or which due to their peculiarity can be performed
only in a certain place, may also be filed at the place of performance of
these contracts.
6. Lawsuits against the defendant, whose registered place of residence or
stay is unknown, are presented at the location of the defendant's property or
at the last known registered place of his residence or stay or permanent
activity.
7. Lawsuits for compensation for damages caused by measures to ensure the
claim may be filed also at the place of application of the measures to ensure
the claim (to the court that applied the relevant measures).
8. Lawsuits for compensation for damage caused to property may also be
filed at the place of damage.
9. Lawsuits for compensation for damage caused by the collision of ships,
as well as for recovery of compensation for rescue at sea, may be filed also
at the location of the defendant's ship or the port of registration of the ship.
10. Lawsuits against a defendant who does not have a location or a place of
residence in Ukraine may be filed based on the location of his property.
Exclusive jurisdiction of cases
1. Disputes arising from the contract of carriage, in the event that one of the
defendants is the carrier, are considered by the commercial court at the
location of the carrier.
2. Cases on the seizure of a vessel carried out to secure a maritime claim are
considered by the commercial court at the location of the seaport of Ukraine
in which the vessel is located or to which it is headed, or the port of
registration of the vessel.
3. Disputes arising in connection with immovable property are considered
by the commercial court based on the location of the property or its main
part. If related claims are filed simultaneously against several real estate
objects, the dispute is considered according to the location of the object
whose value is the highest.
4. Disputes about the rights to sea and aircraft, inland navigation vessels,
space objects are resolved by the commercial court at the place of their state
registration.
5.Disputes in which the defendant is the Cabinet of Ministers of Ukraine, a
ministry or other central executive body, the National Bank of Ukraine, the
Accounting Chamber, the Verkhovna Rada of the Autonomous Republic of
Crimea or the Council of Ministers of the Autonomous Republic of Crimea,
regional, Kyiv and Sevastopol city councils or regional, Kyiv and
Sevastopol city state administrations, as well as cases, the materials of
which contain state secrets, are considered by the local economic court,
whose jurisdiction extends to the city of Kyiv.
6.Disputes arising from corporate relations, including disputes between
participants (founders, shareholders, members) of a legal entity or between
a legal entity and its participant (founder, shareholder, member), including a
participant who dropped out, related to the creation, activity, management
or termination of the activity of such a legal entity, except for labor
disputes, as well as disputes arising from transactions regarding corporate
rights (except for shares) in a legal entity, are considered by the commercial
court at the location of the legal entity.
7.Disputes between a legal entity and its official (including an official
whose powers have been terminated) regarding compensation for damages
caused to the legal entity by the actions (inaction) of its official are
considered by the commercial court at the location of the legal entity.
8.Disputes related to the emission, placement or redemption of securities are
considered by the commercial court at the issuer's location.
9.The cases provided for in clauses 8 and 9 of the first part of Article 20 of
this Code are considered by the commercial court at the location of the
debtor.
10.A counterclaim and a claim by a third party, who asserts independent
claims regarding the subject of the dispute, regardless of their jurisdiction,
shall be submitted to the commercial court at the place of consideration of
the original claim. This rule shall not apply when, in accordance with other
rules of exclusive jurisdiction set forth in this Article, such action must be
heard by a court other than that which hears the original action.
11.In the case of combining claims regarding the conclusion, amendment,
termination and execution of a deed with claims regarding another deed
concluded to secure the main obligation, the dispute is considered by the
commercial court at the location of the defendant, who is a party to the main
obligation.
12.Claims regarding the registration of property and property rights, other
registration actions, if consideration of such claims is referred to the
jurisdiction of the commercial court, are considered by the commercial
court determined by the rules of jurisdiction regarding the consideration of
the dispute from which such claims are derived.

13.Securing a claim in economic litigation. Types of measures

for securing a claim.

Забезпечення позову в господарському судочинстві. Види

заходів забезпечення позову.
 Securing a claim is a set of procedural actions that guarantee the
execution of a court decision in case of satisfaction of the claim.
The institution of securing a claim protects the interests of both the
plaintiff and the defendant. Security of claim in economic proceedings is
one of the legal guarantees that ensure the execution of a court decision,
which is carried out at the request of a party to the case.
Article 137. Measures of securing a claim
1. A claim shall be secured:
1) seizure of property and (or) funds belonging to or subject to
transfer or payment to the defendant and held by him or other persons;
2) prohibition of the defendant to perform certain actions;
4) prohibition of other persons to take actions in relation to the
subject of the dispute or to make payments or transfer property to the
defendant, or to fulfill other obligations in relation to it;
5) suspension of recovery on the basis of an enforcement document
or other document under which recovery is carried out in an indisputable
manner;
6) suspension of the sale of property, if a claim has been filed for
recognition of ownership of this property, or for its exclusion from the
inventory and removal of its arrest;
8) suspension of customs clearance of goods or items containing
intellectual property objects;
9) arrest of a sea vessel carried out to secure a maritime claim;
10) other measures in cases provided for by laws, as well as
international treaties ratified by the Verkhovna Rada of Ukraine.
 2. Perishable items cannot be seized.
3. The court may apply several measures to secure the claim.
4. Measures of interim relief, except for the arrest of a maritime
ship, which is carried out to secure a maritime claim, must be proportionate
to the plaintiff's claims.
5. Interim relief in disputes arising from corporate relations shall not
be granted by prohibiting
1) to hold general meetings of shareholders or participants of a
business entity and to make decisions by them, except for the prohibition to
make specific decisions determined by the court that directly relate to the
subject of the dispute;
2) the Central Depository of Securities and depository institution to
provide the issuer with the register of holders of registered securities for
holding the general meeting of shareholders;
3) participation (registration for participation) or non-participation of
shareholders or participants in the general meeting of the company,
determination of the competence of the general meeting of shareholders or
participants of the company;
4) exercise by public authorities, local self-government bodies, the
Deposit Guarantee Fund of individuals the powers vested in them by law,
except for the prohibition to make specific decisions determined by the
court, to take specific actions directly related to the subject of the dispute.
6. It is not allowed to secure the claim by suspending the decisions
(normative legal acts or individual acts) of the National Bank of Ukraine, as
well as establishing for the National Bank of Ukraine, its officials and
officers a prohibition or obligation to perform certain actions, an obligation
to refrain from performing certain actions.

14.Counter-injunction while securing a claim.

Зустрічна заборона при забезпеченні позову.


Article 141. Counter security
1. The court may require the person who applied for securing the
claim to provide compensation for possible losses of the defendant, which
may be caused by securing the claim (counter security).
2. Counter security is usually provided by depositing funds to the
court deposit account in the amount determined by the court. If the plaintiff
for valid reasons is unable to deposit the appropriate amount, counter-
security may also be provided by:
1) provision of a bank guarantee, surety or other financial security
for the amount determined by the court and from a person approved by the
court, the financial solvency of which the court has no doubts;
2) taking other actions determined by the court to eliminate potential
losses and other risks of the defendant related to securing the claim.
3. The amount of counter security is determined by the court taking
into account the circumstances of the case. Measures of interim relief must
be commensurate with the measures of interim relief applied by the court
and the amount of losses that the defendant may suffer in connection with
the interim relief.
4. The issue of applying counter security shall be resolved by the
court in the ruling on securing the claim or in the ruling on counter securing
the claim. If the petition for interim relief is filed after the court has applied
interim measures, the issue of interim relief shall be resolved by the court
within ten days after the filing of such petition. A copy of the ruling on
interim measures shall be sent to the parties to the case no later than the
next day after it is issued.
5. The ruling on interim measures or on counter-security shall
specify the amount of counter-security or other actions to be taken by the
applicant in the order of counter-security.
6. The term for granting counter security shall be determined by the
court and may not exceed ten days from the date of the ruling on securing
the claim or the ruling on counter security, unless otherwise follows from
the content of the counter security measures.
7. A person, at whose request measures to secure a claim with the
use of counter security were applied, within the term determined by the
court, must provide the court with documents confirming the provision of
counter security.
8. If a person on whose application measures to secure a claim have
been applied fails to comply with the requirements of the court regarding
counter-security within the term determined by the court, the court shall
cancel the ruling on securing the claim and on counter-security.
9. The ruling on interim measures may be appealed together with the
ruling on interim measures or separately.
10. Counter-security shall not be applied to claims of the Deposit
Guarantee Fund filed by it within the procedure of withdrawal of an
insolvent bank from the market.
The decision on counter-security can be appealed together with the
decision on security of claim or separately.
15.The definition and types of legal expenses in economic
litigation
Поняття та види судових витрат у господарському судочинстві.
 Legal expenses are the appropriate funds spent in connection with
the consideration and resolution of cases in the order of commercial
proceedings and are entrusted to the parties, third parties with independent
claims in order to reimburse them to the state and encourage interested
parties to settle disputes in accordance with the law without interference
court.
Chapter 8. Court costs
Article 123. Types of court costs
1. Court costs consist of court fees and costs related to the
consideration of the case.
2. The amount of the court fee, the procedure for its payment, return
and exemption from payment shall be established by law.
3. The costs related to the consideration of the case include:
1) for professional legal assistance;
2) related to the involvement of witnesses, specialists, translators,
experts and conducting an examination;
3) related to the requisition of evidence, conducting a review of
evidence according to its location, securing evidence;
4) related to the execution of other procedural actions necessary for
consideration of the case or preparation for its consideration.
Article 126. Expenses for professional legal assistance
1. Costs related to the legal assistance of a lawyer shall be borne by
the parties, except in cases of providing legal assistance at the expense of
the state.
2. Based on the results of the case review, the costs of the lawyer's
professional legal assistance shall be divided between the parties along with
other court costs.
For the purpose of apportionment of court costs:
1) the amount of expenses for professional legal assistance of a
lawyer, including a lawyer's fee for representation in court and other
professional legal assistance related to the case, including preparation for its
consideration, collection of evidence, etc., as well as the cost of services of
a lawyer's assistant, is determined in accordance with with the terms of the
contract on the provision of legal assistance and on the basis of relevant
evidence regarding the scope of services provided and works performed and
their value paid or payable by the relevant party or a third party;
2) the amount to be paid in order to compensate the lawyer's
expenses necessary for the provision of legal assistance is established in
accordance with the terms of the agreement on the provision of legal
assistance on the basis of relevant evidence that confirms the
implementation of the relevant expenses.
3. In order to determine the amount of expenses for professional
legal assistance for the purpose of distribution of legal expenses, the party
to the case submits a detailed description of the works (services provided)
performed by the lawyer and the expenses incurred by him necessary for the
provision of legal assistance.
4. The amount of expenses for the attorney's services must be
commensurate with:
1) the complexity of the case and the work performed by the lawyer
(services provided);
2) the time spent by the lawyer on performing the relevant work
(providing services);
3) the amount of services and works performed by the lawyer;
4) the cost of the lawsuit and (or) the importance of the case for the
party, including the impact of the resolution of the case on the party's
reputation or public interest in the case.
5. In case of non-compliance with the requirements of the fourth part
of this article, the court may, at the request of the other party, reduce the
amount of expenses for professional legal assistance of the lawyer, which
are subject to distribution between the parties.
6. The burden of proving the disproportionality of costs rests with
the party that makes a request for a reduction in the costs of paying for the
attorney's legal assistance, which are subject to distribution between the
parties.
Article 127. Expenses related to attracting (summoning) witnesses,
experts, specialists, translators, conducting examinations
1. In connection with the summons to the court, the witness shall be
reimbursed for expenses related to moving to another settlement and renting
housing, as well as compensation for lost earnings or separation from
normal activities.
Compensation for lost earnings is calculated in proportion to the
amount of average monthly earnings, and compensation for separation from
normal occupations - in proportion to the amount of the minimum wage.
 2. An expert, specialist or translator shall be remunerated for work 3. In cases where the amount of expenses related to the demand for
performed in connection with the case, if it is not part of their official evidence, conducting a review of the evidence according to its location,
duties. securing evidence and taking other actions related to the consideration of
3. In cases where the amount of expenses for the payment of the the case or preparation for its consideration was not fully paid by the
services of an expert, specialist, translator or the expenses of a person who participants in the case in advance or in of the procedure for securing court
provided evidence at the request of the court was not fully paid by the costs, the court collects these amounts from the party determined by the
parties to the case in advance or in order to secure court costs, the court court in accordance with the rules on the distribution of court costs
collects these amounts in favor of the specialist, translator , an expert or an established by this Code.
expert institution from a party determined by the court in accordance with 4. The maximum amount of compensation for expenses related to
the rules on the distribution of court costs established by this Code. the examination of evidence according to its location and the performance
4. The amount of expenses for the preparation of an expert opinion of other actions necessary for the consideration of the case shall be
at the request of a party, conducting an examination, engaging a specialist, established by the Cabinet of Ministers of Ukraine.
and paying for the work of a translator shall be established by the court on
the basis of contracts, invoices and other evidence.
5. The amount of expenses for payment of the work of an expert, 16.The amount of court fee, legal order of its payment.
specialist, translator engaged by the party must be commensurate with the
complexity of the relevant work, its volume and the time spent by him on Розмір судового збору, законний порядок його сплати.
the performance of the work.
6. In case of non-compliance with the requirements regarding the
proportionality of costs, the court may, at the request of the other party,
reduce the amount of costs for payment of the services of an expert,
specialist, translator, which are subject to distribution between the parties.
7. The burden of proving the disproportionality of costs rests with
the party that requests a reduction of costs to be shared between the parties.
Article 128. Expenses related to the demand for evidence,
conducting a review of evidence according to its location, securing evidence
and taking other actions necessary for the consideration of the case
1. A person who provided evidence at the court's request has the
right to demand payment of monetary compensation for his expenses related
to the provision of such evidence. The amount of monetary compensation is
determined by the court on the basis of the evidence submitted by such a
person of the relevant expenses.
2. The amount of expenses related to the examination of evidence
according to its location, securing of evidence and taking other actions
related to the consideration of the case or preparation for its consideration
shall be established by the court on the basis of contracts, invoices and other
evidence.

According to Part 1 of Art. 4 of the Law of Ukraine "On Court
Fees", the court fee is paid in the appropriate amount from the subsistence
minimum for able-bodied persons, established by law on January 1 of the
calendar year in which the relevant application or complaint is submitted to
the court - in percentage ratio to the price of the claim and in a fixed amount
Article 129. Distribution of court costs
1. The court fee is assigned to:
1) in disputes arising from the conclusion, modification and
termination of contracts - to the party that unreasonably avoids accepting
the proposals of the other party, or to both parties, if the court rejected part
of the proposals of each of the parties;
2) in disputes arising from the performance of contracts and for
other reasons - to the parties in proportion to the size of the satisfied claims.
2. The court fee, from which the plaintiff is exempted in the
prescribed manner, is collected from the defendant to the budget revenue in
proportion to the amount of satisfied claims, if the defendant is not
exempted from paying the court fee.
3. Unless otherwise provided by law, in the event of the claim being
dismissed without satisfaction, the proceedings in the case being closed or
the claim of the plaintiff exempted from paying the court fee being
dismissed, the court fee paid by the defendant shall be compensated at the
expense of the state in accordance with the procedure established by the
Cabinet of Ministers of Ukraine.
4. Other court costs related to the consideration of the case shall be
borne by:
1) in case of satisfaction of the claim - to the defendant;
2) in case of rejection of the claim - to the plaintiff;
3) in case of partial satisfaction of the claim - to both parties in
proportion to the size of the satisfied claims.
5. When deciding on the distribution of court costs, the court takes
into account:
1) whether these expenses are related to the consideration of the
case;
2) whether the amount of such expenses is justified and
proportionate to the subject of the dispute, taking into account the price of
the claim, the importance of the case for the parties, including whether the
result of its resolution could affect the reputation of the party or whether the
case caused public interest;
3) the behavior of the party during the consideration of the case,
which led to the delay of the consideration of the case, in particular, the
submission by the party of clearly unsubstantiated statements and motions,
groundless assertion or denial by the party of certain circumstances that are
important for the case, groundless overstating of claims by the plaintiff, etc.;
4) the actions of the party regarding the pre-trial settlement of the
dispute and the peaceful settlement of the dispute during the proceedings,
the stage of the proceedings at which such actions were taken.
6. If the amount of court costs declared for reimbursement
significantly exceeds the amount declared in the preliminary (estimated)
calculation, the court may deny the party in whose favor the decision was
made the reimbursement of court costs in part of such excess, except in
cases where the party proves, that she could not foresee such expenses at the
time of submitting the preliminary (estimated) calculation.
7. If the amount of court costs claimed for reimbursement and
confirmed by relevant evidence is disproportionately lower than the amount
declared in the preliminary (estimated) calculation, the court may refuse the
party in whose favor the decision was made to reimburse the court costs
(except the court fee) in full or in part, unless such party proves good
reasons for reducing this amount.
8. The amount of court costs that the party has paid or has to pay in
connection with the consideration of the case is established by the court on
the basis of the evidence submitted by the parties (contracts, invoices, etc.).
Such evidence shall be submitted before the end of the court debates
in the case or within five days after the court decision, provided that before
the end of the court debates in the case the party has made a corresponding
statement.
If relevant evidence is not submitted within the prescribed period,
such an application remains without consideration.
9. In case of abuse of procedural rights by a party or its
representative, or if the dispute arose as a result of improper actions of the
party, the court has the right to impose court costs on such party in whole or
in part, regardless of the results of the dispute resolution.
10. If in a dispute about compensation for damages caused to a legal
entity by its official, court costs according to the rules of this article must be
collected in favor of the legal entity, then they are collected in favor of the
owners (participants, shareholders) who filed a lawsuit in the interests of
such a legal entity , in the part in which they are incurred by these owners
(participants, shareholders).
11. In the case of partial satisfaction of the claim, in the case of
imposition of court costs on both parties in proportion to the size of the
satisfied claims, the court may oblige the party on which the greater amount
of court costs was imposed to pay the difference to the other party. In this
case, the parties are released from the obligation to pay each other another
part of court costs.
12. The court has the right to seize the money or property of the
party to whom the costs related to the involvement of witnesses, specialists,
translators, experts and the conduct of an examination have been assigned
by a court decision; demanding evidence, conducting a review of evidence
according to its location, securing evidence; within the limits of the amounts
awarded for recovery, in the manner established by this Code for securing
the claim.
13. Court costs of a third party who does not make independent
claims on the subject of the dispute shall be collected in its favor from the
party determined in accordance with the requirements of this article,
depending on whether such a person denied or supported the stated claims.
14. If the court of appeal, cassation instance, without referring the
case for a new consideration, changes the decision or adopts a new one, this
court accordingly changes the distribution of court costs.
Article 130. Distribution of costs in case of recognition of the claim,
closing of the proceedings in the case or leaving the claim without
consideration
1. In the event of a settlement agreement being concluded before the
court of first instance makes a decision in the case, the plaintiff withdraws
from the claim, the claim is recognized by the defendant before the start of
consideration of the case on the merits, the court in the relevant resolution
or decision in accordance with the procedure established by law, resolves
the issue of refunding the plaintiff from the state budget 50 percent of the
court fee paid when filing the lawsuit, and in the event that the parties agree
on a settlement agreement, the plaintiff's refusal of the lawsuit or
recognition of the lawsuit by the defendant as a result of mediation - 60
percent of the court fee paid when the lawsuit is filed.
2. In the case of a settlement agreement, rejection of the claim,
recognition of the claim by the defendant at the stage of review of the
decision in the appeal or cassation procedure, the court in the relevant
decision in the manner established by law, decides on the issue of returning
50 percent of the court fee to the complainant (applicant) from the state
budget , paid by him during the submission of the corresponding appeal or
cassation complaint, and in the event that the agreement on the conclusion
of a settlement agreement, the plaintiff's refusal of the claim or the
recognition of the claim by the defendant was reached by the parties as a
result of mediation - 60 percent of the court fee paid during the submission
of the corresponding appeal or cassation complaints
3. If the plaintiff refuses the claim, the expenses incurred by the
defendant are not reimbursed, and the defendant's expenses are charged to
the plaintiff at his request. However, if the plaintiff does not support his
claims as a result of their satisfaction by the defendant after filing the
lawsuit, the court, upon the plaintiff's application, awards the recovery of
the costs incurred by him in the case from the defendant.
4. If the parties during the conclusion of the settlement agreement
did not provide for the procedure for the distribution of court costs, each
party in the case shall bear half of the court costs.
5. In the case of closing the proceedings in the case or leaving the
claim without consideration, the defendant has the right to claim
compensation for the costs incurred by him, related to the consideration of
the case, as a result of the plaintiff's unjustified actions.
5. In the cases established by parts three to five of this article, the court
may decide on the distribution of court costs within fifteen days
from the date of the decision to close the proceedings in the case or
leave the claim without consideration, the decision to satisfy the
claim in connection in connection with its recognition, provided that
the relevant party complies with the requirements of part eight
of Article 129 of this Code.
17.Terms of consideration of a case by Economic Court.
Legal grounds and procedure for the extension of terms of
consideration of a case.
Строки розгляду справи господарським судом. Правові підстави
та порядок продовження строків розгляду справи.
Article 195. Terms of consideration of the case on merits
1. The court must start considering the merits of the case no later
than sixty days from the day of the opening of the proceedings in the case,
and in the case of an extension of the period of preparatory proceedings - no
later than the next day after the end of such a period.
2. The court considers the case on its merits within thirty days from
the day of the start of the consideration of the case on its merits.
3. Proceedings in the case at the stage of its consideration are
essentially stopped only on the grounds established by clauses 1-3-
1 of the first part of Article 227 and clause 1 of the first part of Article 228 of
this Code.
Calculation of procedural terms. Procedural terms defined by law or
established by the commercial court are calculated in days, months or years.
In accordance with Article 51 of the Civil Procedure Code of
Ukraine, the term, which is calculated in years, ends in the corresponding
month and date of the last year of the term. The term, calculated in months,
ends on the corresponding date of the last month of the term. If the end of
the term calculated in months falls on a month that does not have a
corresponding number, the term ends on the last day of this month. In cases
where the last day of the term falls on a non-working day, the day of the end
of the term is considered the first following working day.
A procedural action for which a time limit has been set can be taken
until 24:00 on the last day of the time limit. If the statement of claim, the
response to the statement of claim, the application for review of the decision
and other documents are submitted by mail or telegraph before 24:00 on the
last day of the term, the term is not considered missed.
In those cases when the procedural action is carried out in the
commercial court (for example, direct submission of documents to the
office), it must be performed by the end of the working day established in
the commercial court.
Suspension of procedural terms (Article 52 of the Code of Civil
Procedure of Ukraine). The course of all unexpired procedural terms is
stopped when the proceedings in the case are stopped. From the date of
resumption of proceedings, the course of procedural terms continues.
The main reason for stopping the procedural terms is the occurrence
of circumstances that called for the suspension of the proceedings in the
case.
 The course of procedural terms is resumed from the moment of the
resumption of the proceedings in the case, and the procedural terms are
calculated taking into account the time elapsed before the suspension of the
proceedings in the case, i.e., procedural actions must be carried out in the
remaining procedural term.
Their interruption should be distinguished from the suspension of
procedural terms. The difference is that after a break, the procedural term
begins to be calculated again from the very beginning, and the time that
passed before the break is not included in the new term.
The term of execution of the decision can be stopped only by
presenting an order for execution, as well as by partial execution of the
decision.
18.Classification of participants in economic litigation.
Класифікація учасників господарського судочинства.
The concept of "participant in the economic process" is not defined
by law, instead, researchers express different views on this issue.
Participants in the judicial economic process are persons who, in
resolving economic disputes by the economic court, perform procedural
actions provided for by law. Participants in the process can also be defined
as persons who have a legal interest in the case and, by virtue of such
interest, have the right to influence the movement of the economic process.
Their interest in the process may be aimed at protecting their rights
or interests protected by law or at protecting the rights and interests
protected by law of other persons in cases provided for by law. According
to this criterion, material and legal interest and public interest (state,
official, functional) are distinguished.
The interest of each participant in the case is legal, i.e., such that it is
the basis for participation in the case and at the same time differs from the
interest of other participants, which involves granting a person a specific set
of procedural rights and obligations. This circumstance must be taken into
account when deciding the place in the process of a particular person.
Material and legal interest in the process exists objectively and
means the possibility of influence of the court decision on the rights and
obligations of the participants. The absence of the possibility of such
influence indicates that the person has no legal interest in the process and,
accordingly, cannot participate in it.
The composition of the participants in the judicial economic process
is determined by Chapter IV of the Code of Criminal Procedure of Ukraine.
Depending on the functions performed in the legal process and the purpose
of joining or involvement in the process, the participants can be divided into
three groups:
1) persons who enter the process in order to protect their rights and
legally protected interests (parties, third parties);
2) persons who enter the process for the purpose of protecting state
and public interests (prosecutor, state and other bodies);
3) persons involved in the process to provide explanations and
conclusions (officials and other employees of enterprises, institutions,
organizations, state and other bodies, judicial expert).
Classification. The persons involved in the case differ significantly
in terms of their status, rights and obligations established by law. In this
regard, all participants in economic procedural relations (except the court)
can be divided into two groups according to the content of the commented
article (the criterion for division is the presence of legal interest):
1) persons participating in the case (active participants), i.e. persons
on whose initiative the process arises, develops and terminates (parties,
third parties, prosecutor, etc.).
2) persons who contribute to the administration of justice in
economic matters (passive participants), that is, persons on whom the
initiation and termination of the process do not depend (experts, auditors,
translators, etc.).
 The legal status of each participant in the process is determined by
the functions they perform during the consideration and resolution of the
dispute and the goal they pursue. Depending on the legal status, all
participants in the economic process can be divided into several groups. The
first group is economic courts (judges), which directly decide a specific
case.
The second group includes participants in the economic process,
whom the law defines as persons participating in the case. These are the
parties (plaintiff and defendant), third parties who make independent claims
on the subject of the dispute, third parties who do not make independent
claims on the subject of the dispute, the prosecutor, state and other bodies
that act to protect other people's interests by virtue of the powers entrusted
to them by the law of functions. The third group consists of persons who
contribute to the administration of justice, the normal course of the decision.
They are not participants in an economic dispute, the law defines them as
other persons participating in the case. These are officials and other
employees of enterprises, institutions, organizations, state and other bodies,
when they are summoned to give explanations on issues arising during the
consideration of the case, court experts, translators, representatives and
others.
Norms of economic procedural law quite clearly define the legal
guarantees and legal status of each of the participants in the economic
process, their procedural rights and obligations.
The following participate in bankruptcy proceedings (according to
Article 1 of the Law of Ukraine "On restoring the debtor's solvency or
declaring him bankrupt"):
parties (debtor and creditors);
arbitration manager (who has the procedural status of a property
manager, rehabilitation manager or liquidator);
the owner of the property (body authorized to manage the property)
of the debtor;
State Property Fund of Ukraine;
the state body on bankruptcy, namely the State Department on
Bankruptcy of the Ministry of Economy of Ukraine;
representative of the local self-government body;
a representative of the debtor's employees;
an authorized person of shareholders or participants of limited or
additional liability companies.
19.Rights and obligations of participants in the case.
Права та обов'язки учасників справи.
Article 42. Rights and responsibilities of case parties
1. The case parties shall have the right to:
1) review the case files, abbreviate them, make duplicates, receive
duplicates of judgments;
2) submit evidence; participate in court hearing, unless otherwise
provided by law; participate in the examination of evidence; ask questions
to other case parties, as well as witnesses, experts, specialists;
3) submit applications and petitions, provide explanations to the court,
provide their arguments, considerations on issues that arise during a trial, as
well as objections to the applications, petitions, arguments and
considerations of other persons;
4) review the minutes of a court hearing, record a court hearing by
technical means, make copies of them, submit written comments on their
inaccuracy or incompleteness;
5) appeal against judgments in cases specified by law;
6) use other procedural rights defined by law.
2. The case parties shall:
1) show respect to the court and to other trial participants;
2) promote the timely, comprehensive, complete and objective
establishment of all the case circumstances;
3) appear in court upon its summon, if their appearance is recognised
by the court as mandatory;
 4) submit all available evidence in the manner and within the time If the documents are submitted by the case parties to the court or sent
limits established by law or the court, not to hide the evidence; to other case parties in paper form, such documents shall be sent with the
handwritten signature of a case party (their representative).
5) provide the court with full and reliable explanations on issues raised
by the court, as well as the participants in a court hearing; 9. If a claim, appeal, cassation appeal is filed to the court in electronic
form, a plaintiff, a person who filed an appeal shall submit to the court
6) perform procedural actions within the time limits established by law
statements on the merits, petitions and written evidence in electronic form
or the court;
only, unless the court grants permission for their submission in paper form.
7) perform other procedural duties determined by law or the court.
3. If a case party fail to fulfil his/her obligations, the court shall apply
to such a case party the procedural coercion measures provided for by this
Code.
4. The guilty persons shall bear the responsibility established by law
for misleading the court regarding the factual circumstances of a case.
5. Documents (including procedural documents, written and electronic
evidence, etc.) may be submitted to the court, and procedural actions may
be performed by the trial participants in electronic form using the Unified
Judicial Information and Telecommunication System, except as provided
for by this Code.
6. Procedural documents in electronic form shall be submitted by the
trial participants using the Unified Judicial Information and
Telecommunication System by filling in the forms of procedural documents
in accordance with the Regulation on the Unified Judicial Information and
Telecommunication System.
7. If this Code stipulates the obligation of a trial participant to send
Parti
copies of documents to other trial participants, such documents shall be sent
to these persons using the Unified Judicial Information and
Telecommunication System in electronic form, unless the other party does 20.The legal status of a judge in economic litigation.
not have an official e-mail address.
Правовий статус судді в господарському судочинстві.
8. If the documents are submitted by the case parties to the court or
sent to other case parties in electronic form, such documents shall be sent The legal status of a commercial court judge is provided by the legislation
with the electronic digital signature of a case party (their representative). of Ukraine.
Article 52. Status of a judge/ Law of Ukraine "On the Judicial System and
the Status of Judges"
1. A judge is a citizen of Ukraine who, in accordance with the Constitution
of Ukraine and this Law, is appointed as a judge, holds a full-time judicial
position in one of the courts of Ukraine and administers justice on a
professional basis.
2. Judges in Ukraine have a uniform status regardless of the place of the
court in the judicial system or the administrative position held by the judge
in the court.
Article 53. Immutability of a judge
1. A judge is guaranteed tenure as a judge until he reaches sixty-five years
of age, except in cases of dismissal of a judge from office or termination of
his powers in accordance with the Constitution of Ukraine and this Law.
2. A judge cannot be transferred to another court without his consent, except
for transfer:
1) in case of reorganization, liquidation or termination of the court;
2) in order of disciplinary action.
Article 48. Independence of a judge
1. The judge, in his activity regarding the administration of justice, is
independent from any illegal influence, pressure or interference.
2. The judge administers justice on the basis of the Constitution and laws of
Ukraine, guided by the principle of the rule of law. Interference in the
activity of a judge with regard to the administration of justice is prohibited
and has the consequence of liability established by law.
3. The judge is not obliged to give any explanations regarding the substance
of the cases pending before him, except for cases established by law.
4. A judge is obliged to apply to the High Council of Justice and to the
Prosecutor General with a notification of interference in his activities as a
judge regarding the administration of justice.
The independence of the judge is ensured by:
1) by a special procedure for his appointment, prosecution, dismissal and
termination of powers;
2) inviolability and immunity of the judge;
3) immutability of the judge;
4) the order of administration of justice, determined by the procedural law,
the secrecy of the adoption of a court decision;
5) prohibition of interference in the administration of justice;
6) liability for contempt of court or judge;
7) a separate procedure for financing and organizational support of court
activities established by law;
8) proper material and social security of the judge;
9) functioning of bodies of judicial governance and self-government;
10) legally defined means of ensuring the personal safety of the judge, his
family members, property, as well as other means of their legal protection;
11) the right of a judge to resign.
Judges are untouchable. The inviolability of a judge extends to his home,
office premises, transport and means of communication, correspondence,
property and documents belonging to him. A judge cannot be detained or
arrested without the consent of the Verkhovna Rada of Ukraine until the
court delivers a guilty verdict.
Article 56. Rights and duties of a judge
1. The rights of a judge related to the administration of justice are
determined by the Constitution of Ukraine, procedural and other laws.
2. A judge has the right to participate in judicial self-government.
3. Judges may form public associations and participate in them for the
purpose of protecting their rights and interests, raising their professional
level.
4. A judge may be a member of national or international associations and
other organizations aimed at protecting the interests of judges, establishing
the authority of the judiciary in society, or developing the legal profession
and science.
5. A judge has the right to improve his professional level and to undergo
appropriate training for this purpose.
6. A judge must keep his oath.
7. The judge is obliged to:
1) fairly, impartially and timely consider and resolve court cases in
accordance with the law in compliance with the principles and rules of
judicial proceedings;
2) observe the rules of judicial ethics, including identifying and maintaining
high standards of behavior in any activity with the aim of strengthening
public trust in the court, ensuring public confidence in the honesty and
incorruptibility of judges;
3) submit a declaration of the judge's integrity and a declaration of the
judge's family ties;
4) show respect for the participants in the process;
5) not to divulge information that constitutes a secret protected by law,
including the secret of the conference room and the closed court session;
6) fulfill the requirements and observe the restrictions established by the
legislation in the field of corruption prevention;
7) submit a declaration of a person authorized to perform the functions of
the state or local self-government;
8) systematically develop professional skills (skills), maintain his
qualifications at the appropriate level necessary for the performance of
powers in the court where he holds a position;
9) apply to the High Council of Justice and the Prosecutor General with a
notification of interference in his activities as a judge in the administration
of justice within five days after he became aware of such interference;
10) to confirm the legality of the source of the property in connection with
passing a qualification assessment or in the order of disciplinary
proceedings against a judge, if the circumstances that may result in the
judge being subject to disciplinary responsibility raise doubts about the
legality of the source of the property or the integrity of the judge's conduct.
8. A judge undergoes training at the National School of Judges of Ukraine
at least once every three years.
9. A judge may not be awarded state awards, as well as any other awards,
distinctions, certificates, until he is dismissed from office or his powers are
terminated. A judge can be awarded state awards only for his personal
courage and heroism in life-threatening conditions.
21.Legal grounds for recusal of a judge in economic
litigation.
Правові підстави відводу судді в господарському судочинстві.
Article 35. Grounds for recusal (self-recusal) of a judge
1. A judge cannot consider a case and is subject to recusal (self-recusal) if:
1) he is a family member or a close relative (husband, wife, father, mother,
stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister,
grandfather, grandmother, grandson, granddaughter, adopter or adopted,
guardian or guardian, family member or close relative of these persons) of
the party or other participants in the legal process, or persons who provided
legal assistance to the party or other participants in the case, or another
judge who is part of the court that is considering or has considered the case ;
2) he participated in the case as a witness, expert, specialist, translator,
representative, lawyer, secretary of the court session, or provided legal
assistance to a party or other participants in the case in this or another case;
3) he is directly or indirectly interested in the outcome of the case;
4) the procedure for determining a judge to consider a case was violated;
5) there are other circumstances that raise doubts about the impartiality or
objectivity of the judge.
2. A judge is subject to impeachment (self-impeachment) also in the
presence of circumstances established by Article 36 of this Code.
Article 36. Inadmissibility of repeated participation of the judge in the
consideration of the case
1. A judge who participated in the decision of a case in the court of first
instance cannot take part in the consideration of the same case in the courts
of appeal and cassation, as well as in the new consideration of the case by
the court of first instance after the annulment of the court decision or the
decision to close the proceedings in the case
2. A judge who participated in the settlement of a dispute in a case with the
participation of a judge may not take part in the consideration of the merits
of this case or in the review of any court decision made in it.
3. A judge who participated in the decision of a case in the court of appeal
cannot take part in the consideration of the same case in the courts of
cassation or first instance, as well as in a new consideration of the case after
the annulment of the decision of the court of appeal.
4. A judge who participated in the review of a case in the court of cassation
cannot take part in the review of this case in the court of first instance or
appeal, as well as in its new review after the annulment of the decision of
the court of cassation.
5. A judge who participated in the decision of a case, in which the decision
was subsequently overturned by a higher court, cannot participate in the
consideration of an application for review of the court's decision in this case
under newly discovered circumstances.
6. A judge who participated in the decision of a case in the court of the first,
appeal, or cassation instance cannot participate in the consideration of the
application for review of the court decision due to the exceptional
circumstances in this case.
3. Members of the court may not include persons who are family members,
relatives of each other or relatives of spouses.
4. A party's disagreement with a judge's procedural decisions, a judge's
decision or separate opinion in other cases, a judge's publicly expressed
opinion on a particular legal issue cannot be grounds for recusal.
Statements that contain only assumptions about the existence of relevant
circumstances, not confirmed by proper and admissible evidence, as well as
the presence of complaints filed against the judge (judges) in connection
with the consideration of this or another case, circumstances related to with
judges making decisions on other cases.
In case of recusal and self-recusal (court) of a judge, the consequences of
such recusal are defined in Article 40 of the Code of Criminal Procedure.
The main consequence is the need to replace the judge.
Article 40. Consequences of impeachment of a court (judge)
1. In case of satisfaction of the application for recusal of the judge who is
considering the case alone, the case is considered in the same court by
another judge, who is determined in accordance with the procedure
established by Article 32 of this Code.
2. In the case of satisfaction of the application for recusal of one or several
judges who consider the case collegially, the case is considered in the same
court by the same composition of the panel of judges with the replacement
of the impeached judge or judges, or by another composition of judges,
which is determined in accordance with the procedure established by Article
32 of this of the Code.
3. If after the objections (self-excuses) have been met or if there are grounds
specified in Article 36 of this Code, it is impossible to form a new
composition of the court to consider the case, the case shall be transferred to
another court, determined in accordance with the procedure established by
this Code, by order of the head of the court.\
The recusal must be motivated and stated within ten days from the date of
receipt by the participant of the case of the decision to open the proceedings
in the case, but not later than the beginning of the preparatory hearing or the
first court hearing, if the case is considered in the order of simplified action
proceedings. Self-recusal may be declared no later than the beginning of the
preparatory hearing or the first court hearing, if the case is considered in the
order of simplified action proceedings.
After the expiration of the specified term, the recusal (self-recusal) is
allowed only in exceptional cases, when the applicant could not have known
about the grounds for recusal (self-recusal) before the expiration of the
specified term, but not later than two days from the day when the applicant
learned about such grounds.
22.The legal status of the parties of the case in economic
litigation.
Правовий статус учасників справи в господарському судочинстві.
parties to the economic process - actual or probable participants of
material legal relations, who have a legal interest in the case, bear
court costs in the case and are subject to the legal force of the court
decision.
Article 45. Parties in the legal process
The parties in the legal process are the plaintiff and the defendant
Plaintiffs are persons who have filed a lawsuit or in whose interests a
lawsuit has been filed for the protection of a violated, unrecognized,
or contested right or an interest protected by law.
The defendants are the persons who have been presented with a claim.
Plaintiffs and defendants in the economic process in accordance with
Art. 4 of the Economic Code of Ukraine may be Legal entities and
natural persons - entrepreneurs, natural persons who are not
entrepreneurs, state bodies, local self-government bodies have the
right to apply to the commercial court for the protection of their
violated, unrecognized or contested rights and legitimate interests in
cases, assigned by law to the jurisdiction of the commercial court, as
well as to take measures provided for by law aimed at preventing
offenses.
Persons who are granted the right to apply to the court in the interests
of other persons have the right to apply to the commercial court in
matters assigned to its jurisdiction by law.
In order for the parties to be able to successfully protect their rights
and legally protected interests in the economic process, they are
granted procedural rights and have procedural obligations.
Article 46. Procedural rights and obligations of the parties
1. The parties enjoy equal procedural rights.
2. In addition to the rights and obligations specified in Article 42 (19
вопрос) of this Code:
1) the plaintiff has the right to refuse the claim (all or part of the
claims), the defendant has the right to admit the claim (all or part of
the claims) - at any stage of the court process;
2) the plaintiff has the right to increase or decrease the amount of
claims - before the end of the preparatory session or before the
beginning of the first court session, if the case is considered in the
order of simplified claim proceedings;
3) the defendant has the right to file a counterclaim within the terms
established by this Code.
3. Before the end of the preparatory meeting, the plaintiff has the right
to change the subject or grounds of the lawsuit by submitting a written
statement. In a case considered according to the rules of simplified
legal proceedings, a change in the subject or grounds of the lawsuit is
allowed no later than five days before the start of the first court
hearing in the case.
7. The parties may reconcile, including through mediation, at any
stage of the court process.
The result of the parties' agreement can be formalized by a settlement
agreement.
1. The lawsuit may be filed jointly by several plaintiffs or against
several defendants. Each of the plaintiffs or defendants in relation to
the other party acts independently in the legal process.
2. Participation in the case of several plaintiffs and (or) defendants 5.
(procedural participation) is allowed if:
1) the subject of the dispute is the joint rights or obligations of several
plaintiffs or defendants;
2) the rights or obligations of several plaintiffs or defendants arose
from the same reason;
3) the subject of the dispute is homogeneous rights and obligations.
Article 48. Involvement of a co-defendant in the case. Replacement of
an improper defendant
1. The court of first instance has the right, at the request of the
plaintiff, before the end of the preparatory proceedings, and in the
case of consideration of the case according to the rules of the
simplified claim proceedings - before the beginning of the first court
session, to involve the co-defendant in it.
2. If the claim is filed against the person who should be responsible
for the claim, the court shall replace the original defendant with the
appropriate defendant before the end of the preparatory proceedings,
and in the case of consideration of the case according to the rules of
simplified claim proceedings - before the beginning of the first court
session, at the request of the plaintiff, without closing proceedings in
the case.
3. After the expiration of the terms specified in parts one and two of
this article, the court may involve a co-defendant in the case or
replace the original defendant with a proper defendant only if the
plaintiff proves that he did not know and could not have known before
filing the lawsuit in the case of the reason for the involvement of such
a co-defendant or the replacement of an improper defendant.
4. A decision shall be issued on the involvement of a co-defendant or
the replacement of an improper defendant. At the request of a new
defendant or an involved co-defendant, the proceedings begin anew.
The defendant, replaced by another defendant, has the right to file a claim
for compensation for court costs incurred by him as a result of the
plaintiff's unjustified actions. The issue of distribution of court costs is
resolved in the decision to replace the improper defendant
23. Legal status of a plaintiff and defendant in economic
litigation.
Правовий статус позивача та відповідача в господарському
судочинстві.
Plaintiffs are persons who have filed a lawsuit or in whose interests a
lawsuit has been filed for the protection of a violated, unrecognized,
or contested right or an interest protected by law.
The defendants are the persons who have been presented with a claim.
Смотреть 22 вопрос
parties to the economic process - actual or probable participants of
material legal relations, who have a legal interest in the case, bear
court costs in the case and are subject to the legal force of the court
decision.
Article 45. Parties in the legal process
The parties in the legal process are the plaintiff and the defendant
 Plaintiffs are persons who have filed a lawsuit or in whose interests a
lawsuit has been filed for the protection of a violated, unrecognized,
or contested right or an interest protected by law.
The defendants are the persons who have been presented with a claim.
Plaintiffs and defendants in the economic process in accordance with
Art. 4 of the Economic Code of Ukraine may be Legal entities and
natural persons - entrepreneurs, natural persons who are not
entrepreneurs, state bodies, local self-government bodies have the
right to apply to the commercial court for the protection of their
violated, unrecognized or contested rights and legitimate interests in
cases, assigned by law to the jurisdiction of the commercial court, as
well as to take measures provided for by law aimed at preventing
offenses.
Persons who are granted the right to apply to the court in the interests
of other persons have the right to apply to the commercial court in
matters assigned to its jurisdiction by law.
In order for the parties to be able to successfully protect their rights
and legally protected interests in the economic process, they are
granted procedural rights and have procedural obligations.
Article 46. Procedural rights and obligations of the parties
1. The parties enjoy equal procedural rights.
2. In addition to the rights and obligations specified in Article 42 (19
вопрос) of this Code:
1) the plaintiff has the right to refuse the claim (all or part of the
claims), the defendant has the right to admit the claim (all or part of
the claims) - at any stage of the court process;
2) the plaintiff has the right to increase or decrease the amount of
claims - before the end of the preparatory session or before the
beginning of the first court session, if the case is considered in the
order of simplified claim proceedings;
3) the defendant has the right to file a counterclaim within the terms
established by this Code.
3. Before the end of the preparatory meeting, the plaintiff has the right
to change the subject or grounds of the lawsuit by submitting a written
statement. In a case considered according to the rules of simplified
legal proceedings, a change in the subject or grounds of the lawsuit is
allowed no later than five days before the start of the first court
hearing in the case.
7. The parties may reconcile, including through mediation, at any
stage of the court process.
The result of the parties' agreement can be formalized by a settlement
agreement.
2. The lawsuit may be filed jointly by several plaintiffs or against
several defendants. Each of the plaintiffs or defendants in relation to
the other party acts independently in the legal process.
2. Participation in the case of several plaintiffs and (or) defendants
(procedural participation) is allowed if:
1) the subject of the dispute is the joint rights or obligations of several
plaintiffs or defendants;
2) the rights or obligations of several plaintiffs or defendants arose
from the same reason;
3) the subject of the dispute is homogeneous rights and obligations.
Article 48. Involvement of a co-defendant in the case. Replacement of
an improper defendant
1. The court of first instance has the right, at the request of the
plaintiff, before the end of the preparatory proceedings, and in the
case of consideration of the case according to the rules of the
simplified claim proceedings - before the beginning of the first court
session, to involve the co-defendant in it.
 2. If the claim is filed against the person who should be responsible
for the claim, the court shall replace the original defendant with the
appropriate defendant before the end of the preparatory proceedings,
and in the case of consideration of the case according to the rules of
simplified claim proceedings - before the beginning of the first court
session, at the request of the plaintiff, without closing proceedings in
the case.
3. After the expiration of the terms specified in parts one and two of
this article, the court may involve a co-defendant in the case or
replace the original defendant with a proper defendant only if the
plaintiff proves that he did not know and could not have known before
filing the lawsuit in the case of the reason for the involvement of such
a co-defendant or the replacement of an improper defendant.
4. A decision shall be issued on the involvement of a co-defendant or
the replacement of an improper defendant. At the request of a new
defendant or an involved co-defendant, the proceedings begin anew.
5. The defendant, replaced by another defendant, has the right to file a claim
for compensation for court costs incurred by him as a result of the
plaintiff's unjustified actions. The issue of distribution of court costs is
resolved in the decision to replace the improper defendant
24.The legal status of third parties in economic litigation.
Правовий статус третіх осіб у господарському судочинстві.
The institution of third parties in the economic process is generated by the
multi-subject nature of material legal relations and the need to participate in
the case of various subjects in order to protect their rights and legal
interests.
Third parties are economic process subjects who enter or are involved in a
case already initiated by the parties to protect their subjective rights or
interests protected by law and have a legal interest that does not coincide
with the interests of the parties.
Two types of third parties participate in the economic process: those who
make independent claims regarding the subject of the dispute and those who
do not make such claims.
Article 49. Third parties who make independent claims regarding the
subject of the dispute
1. Third parties who assert independent claims regarding the subject of the
dispute may enter the case before the end of the preparatory proceedings or
before the beginning of the first court session, if the case is considered in
the order of simplified claim proceedings, by filing a claim against one or
more parties.
2. The court issues a decision on the acceptance of the statement of claim
and the entry of a third party into the case.
3. Third parties who make independent claims regarding the subject of the
dispute enjoy all the rights and bear all the obligations of the claimant.
4. After a third party enters the case, who has made independent claims
regarding the subject of the dispute, the case is considered first at the
request of the participant in the case.
5. The provisions of Article 180 of this Code shall apply to lawsuits by third
parties who make independent claims regarding the subject of the dispute in
the case in which proceedings have been opened.
Article 50. Third parties who do not make independent claims regarding the
subject of the dispute
1. Third parties who do not make independent claims regarding the
subject of the dispute may enter the case on the side of the plaintiff or
defendant before the end of the preparatory proceedings in the case or
before the beginning of the first court session, if the case is considered in
the order of simplified legal proceedings, in the event that the decision in
case may affect their rights or obligations towards one of the parties. They
can be involved in the case also at the request of the parties to the case.
Third parties who do not make independent claims to the subject of the
dispute have certain characteristics:
a) do not file legal claims;
b) enter into the process on the side of the plaintiff or the defendant
considering the material and legal relationship with the person on whose
side the third person acts. The court must find out whether, in connection
with the adoption of a court decision in this case, such a person will be
granted new rights or new duties will be imposed on him, or his existing
rights and/or duties will be changed, or he will be deprived of certain rights
and / or duties in the future;
c) protect their own interests, since the decision in the case may affect their
rights and obligations established by acts of civil or economic legislation.
2. If the court, when deciding on the opening of proceedings in the case or
when preparing the case for consideration, establishes that the decision of
the commercial court may affect the rights and obligations of persons who
are not parties to the case, the court involves such persons to participate in
the case as third parties who do not make independent claims regarding the
subject of the dispute.
3. In applications for the involvement of third parties and in the applications
of third parties for joining the case on the part of the plaintiff or the
defendant, it is indicated on what grounds third parties should be involved
in the case.
4. On the involvement of third parties in the case, the court issues a
resolution, which specifies the rights or obligations of such a person and
how the court's decision in the case may be affected.
5. Third parties who do not make independent claims have procedural rights
and obligations established by Article 42 of this Code.
The rights and obligations of third parties who do not make independent
claims regarding the subject of the dispute are determined by their
procedural status.
In particular, these persons have the right to: familiarize themselves with
case materials, make extracts and copies from them, receive copies of court
decisions; submit evidence; participate in court sessions, unless otherwise
determined by law; participate in the examination of evidence; ask
questions to other participants in the case, as well as to witnesses, experts,
specialists; submit applications and petitions, provide explanations to the
court, present their arguments, considerations regarding issues that arise
during court proceedings, and objections to the applications, applications,
arguments and considerations of other persons; to use other procedural
rights provided by the Code of Сommercial Procedure for the participants in
the case.
6. The entry into the case of a third person who does not make independent
claims regarding the subject of the dispute does not entail consideration of
the case from the beginning.
Article 51. Consequences of non-involvement in the case of a third party
who does not make independent claims regarding the subject of the dispute
1. If, as a result of the adoption of a court decision, a party may acquire a
right against a third party or a third party may make claims against a party,
such a party is obliged to notify that person of the opening of proceedings in
the case and submit to the court an application to involve him in
participating in case as a third party who does not make independent claims
regarding the subject of the dispute. Such a statement must be accompanied
by evidence that a copy of it has been sent to the person whose involvement
as a third party is submitted.
2. In the event of a case being considered without notifying a third party
about the consideration of the case, the circumstances of the case
established by a court decision do not have legal consequences when
considering a claim brought by a party that participated in this case against
this third person or a claim before presented by this third party to such
party.
25. Representatives in economic litigation.
Представники в господарському судочинстві.
In Art. 16 of the Economic procedural code defines representation in
court as a type of legal assistance provided exclusively by a lawyer
(professional legal assistance), except for cases established by law.
In accordance with the provisions of the Economic procedural code of
Ukraine, a party, a third party, as well as a person who is legally granted the
right to apply to the court in the interests of another person, may participate
in the legal process in person (self-representation) and (or) through a
representative.
The interests of minors under the age of fourteen, as well as incapacitated
physical persons, are represented in court by their parents, adoptive parents,
guardians or other persons determined by law, respectively.
The interests of minors between the ages of fourteen and eighteen, as well
as persons whose civil capacity is limited, may be represented in court by
their parents, adoptive parents, guardians or other persons determined by
law, respectively. The court may involve a minor or a person whose civil
capacity is limited to participate in such cases.
Legal representatives can entrust the conduct of the case in court to other
persons who, according to the law, have the right to represent in court.
A lawyer or a legal representative can be a representative in court
(Article 58 of the Economic procedural code).
When considering cases in minor disputes (minor cases), a person who has
reached eighteen years of age and has civil procedural legal capacity can be
a representative.
One and the same person can simultaneously represent several plaintiffs or
several defendants or several third parties on the same side, provided there
is no conflict of interest between them.
Persons who cannot be representatives (Article 59 of the Economic
procedural code)
A person who participates in a case as a secretary of a court session, an
expert, a specialist, a translator and a witness, or is an assistant to a judge
considering a case cannot be a representative in court.
A person cannot be a representative if he represents or has represented
another person in this case, whose interests in this case conflict with the
interests of his principal.
Judges, prosecutors, investigators, employees of units carrying out
operational and investigative activities cannot be representatives in court,
except when they act on behalf of the relevant body that is a party or a third
party in the case, or as legal representatives.
Powers of a representative in court
A representative who has the authority to conduct a case in court exercises
procedural rights and obligations on behalf of the person he represents.
Restrictions on the powers of the representative to perform a certain
procedural action must be stipulated in the power of attorney or warrant
issued to him.
The grounds and procedure for termination of representation by power of
attorney are determined by the Economic procedural code, and
representation by warrant is determined by the law on advocacy.
Termination of representation or limitation of powers of a representative
under a power of attorney or warrant must be notified to the court by
submitting a written statement.
In the event of termination of the representative's authority to represent a
person in a case, the representative may not be a representative of the other
party, a third party on the other side, or a third party with independent
claims regarding the subject of the dispute in the same case.
 26. Documents, confirming the powers of representatives
in economic litigation.

Документи, що підтверджують повноваження представників у

господарському судочинстві.
The powers of representatives of the parties and other participants in
the case must be confirmed by the following documents:
1) power of attorney of an individual or legal entity;
2) a child's birth certificate or a decision to appoint a guardian, custodian or
custodian of inherited property.
The power of attorney of a natural person must be certified by a notary
public or, in cases specified by law, by another person.
A power of attorney on behalf of a legal entity is issued under the signature
(electronic digital signature) of an official authorized to do so by law,
constituent documents.
The power of attorney of an individual, upon whose application a decision
was made to provide him with free secondary legal aid, may be certified by
an official of the body (institution) that made such a decision.
Part four of Article 60 of the Economic procedural code of Ukraine
specifies that the powers of a lawyer as a representative are confirmed
by a power of attorney or a warrant issued in accordance with the Law
of Ukraine "On Advocacy and Advocacy".
27. The legal status of bodies and persons authorized by
law to apply to a court in the interests of other persons.
Правовий статус органів та осіб, уповноважених законом
звертатися до суду в інтересах інших осіб.
Article 55. Procedural rights of bodies and persons entitled by law to
apply to court in the interests of other persons
1. Bodies and persons who, in accordance with this Code, appealed to the
court in the interests of other persons, have the procedural rights and
obligations of the person in whose interests they act, with the exception of
the restrictions provided for in part two of this article.
2. Bodies and persons who, in accordance with this Code, have the right to
apply to the court in the interests of individuals, with the exception of
persons who are granted by law the right to apply to the court in the
interests of a legal entity in disputes about compensation for damages
caused by its official, do not have the right to conclude peace agreement
3. The refusal of bodies and persons who, in accordance with this Code,
appealed to the court in the interests of other persons, from the application
submitted by them or the change of claims does not deprive the person, for
the protection of whose rights and interests, an application has been
submitted, of the right to request the court to consider the case and resolve
the claim in the original volume.
4. If the person who has procedural legal capacity and in whose interests the
application is submitted does not support the stated claims, the court leaves
the application without consideration, except for the claim for compensation
for damages caused to the legal entity by its official, filed by the owner
(participant, shareholder) of this legal entity a person in his interests, as well
as a prosecutor's claim in the interests of the state.
5. Refusal of the body authorized to perform the relevant functions in
disputed legal relations from the lawsuit (application) submitted by the
prosecutor in the interests of the state, his submission of a statement to leave
the lawsuit without consideration does not deprive the prosecutor of the
right to support the lawsuit (application) and demand consideration of the
case on its merits.
6. The prosecutor and another person who is authorized by law to apply to
the court in the interests of other persons, in order to resolve the issue of the
existence of grounds for reviewing court decisions in a case considered
without his/her participation, has the right to familiarize himself with the
case materials in court and get their copies. The prosecutor uses the same
right in order to resolve the issue of joining the case at the claim
(application) of another person.
28. Participation of a prosecutor in consideration of
economic dispute.
Участь прокурора у розгляді господарського спору.
The prosecutor participates in the consideration of cases based on his
claims, and may also enter on his own initiative in a case initiated by the
claim of other persons at any stage of its consideration to represent the
interests of a citizen or the state. In order to enter the case, the prosecutor
may file an appeal, cassation complaint, an application for review of the
decision by the Supreme Court of Ukraine on review of the decision based
on newly discovered circumstances, or notify the court and take part in the
consideration of the case initiated at the request of other persons. At the
same time, the prosecutor to represent the interests of a citizen or the state
in the commercial court (regardless of the form in which the representation
is carried out) must justify the existence of grounds for such representation
provided for in parts two or three of Article 25 of the Law of Ukraine "On
the Prosecutor's Office". In order to represent the interests of a citizen in the
commercial court, the prosecutor must also provide documents confirming
the underage, incapacity, or limited legal capacity of the relevant citizen,
and the written consent of the legal representative or body empowered by
law to protect the rights, freedoms, and interests of the relevant person, to
perform the representation. The prosecutor's failure to comply with the
requirements to provide the commercial court with justification of the
existence of grounds for representing the interests of a citizen or the state in
the commercial court shall result in the return of the statement of claim
(application, complaint) submitted by him in the manner established by
Article 63 of this Code.
If the commercial court accepts the claim submitted by the prosecutor in the
interests of the state in the person of the body authorized to perform the
functions of the state in disputed legal relations, the said body acquires the
status of the plaintiff. In the event that the commercial court accepts a claim
submitted by the prosecutor in the interests of the state, in which it is stated
that there is no body authorized to perform the functions of the state in
disputed legal relations, or that such a body does not have the authority to
apply to the commercial court, the prosecutor acquires the status of a
plaintiff. In order to resolve the issue of whether there are grounds for
initiating a review of court decisions in a case considered without the
participation of a prosecutor, entering into a case at the request of another
person, the prosecutor has the right to familiarize himself with the materials
of the case in court, make extracts from it, receive copies of documents
located in case
To participate in a case in which proceedings have already been initiated,
the prosecutor submits a corresponding application to the commercial court.
The prosecutor who participates in the case bears the responsibilities and
enjoys the rights of the party, except for the right to conclude a settlement
agreement.
The prosecutor's rejection of the lawsuit filed by him does not deprive the
plaintiff of the right to demand a resolution of the dispute on the merits.
The plaintiff's refusal of the lawsuit filed by the prosecutor in the interests
of the state does not deprive the prosecutor of the right to maintain the
lawsuit and demand a resolution of the dispute on the merits.
 conference. The expert does not have the right to delegate the examination
to another person.
According to part six of Article 69 of the Economic procedural code, an
expert has the right to:
1) get acquainted with the case materials;
2) submit a request to provide him with additional materials and samples, if
the examination is ordered by the court;
3) state in the conclusion of the examination the facts discovered during its
conduct, which are important for the case and about which he was not asked
questions;
4) to be present during the execution of procedural actions related to the
subject and objects of the research;
5) for the purposes of the examination, submit a request to interview the
participants in the case and witnesses;
6) exercise other rights granted by the Law of Ukraine "On Forensic
Expertise".

29. An expert, a legal expert, a specialist in economic

litigation.

Експерт, правознавець, спеціаліст у господарському судочинстві.

According to Article 69 of the Economic procedural code, an expert can be
a person who has special knowledge necessary to clarify the relevant
circumstances of the case, can be appointed by the court or involved by a
party to the case.
The expert is obliged to provide a substantiated and objective written
opinion on the questions put to him, as well as to appear before the court at
his summons and explain his opinion and answer the questions of the court
and the participants in the case. In the absence of objections from the parties
to the case, the expert may participate in the court session via video

According to the first part of Article 70 of the Economic procedural
code, a person who has a scientific degree and is a recognized expert in
the field of law can be engaged as a legal expert. The decision on
admitting a legal expert to participate in the case and attaching his
opinion to the case file is adopted by the court.
A legal expert is obliged to appear before the court upon its summons,
answer the questions posed by the court, and provide explanations. In the
absence of objections from the parties to the case, the legal expert can
participate in the court session via video conference, he has the right to
know the purpose of his summons to the court, to refuse to participate in the
court process if he does not have the relevant knowledge, as well as the
right to payment for services and compensation costs associated with a
summons to court.
During the legal process, questions arise that require a person to
possess special knowledge. Such a person is a specialist (Article 71 of
the Economic procedural code).
A specialist is a person who possesses special knowledge and skills
necessary for the use of technical means, and is appointed by the court to
provide consultations and technical assistance during the execution of
procedural actions related to the use of such technical means
(photographing, drawing up schemes, plans, drawings, selection of samples
for examination, etc.).
He is obliged to appear before the court upon its summons, answer the
questions posed by the court, provide consultations and clarifications, and,
if necessary, provide the court with other technical assistance. In the
absence of objections from the parties to the case, the specialist can
participate in the court session in the mode of video conference. He has the
right to know the purpose of his summons to the court, to refuse to
participate in the legal process if he does not have the relevant knowledge
and skills, to draw the attention of the court to the characteristic
circumstances or features of the evidence, as well as the right to payment
for the work performed and to compensation for expenses related to with a
summons to the court.
A specialist is summoned by a court order. His explanations are submitted
to the court in the form of an opinion or in another written form acceptable
to the court. The specialist has the right to refuse to provide explanations if
the materials available to him are insufficient or he does not have the
necessary knowledge.

30. The legal status of a witness in economic litigation.
Правовий статус свідка в господарському судочинстві.
According to Part 1 of Art. 66 of the Economic Procedural Code of Ukraine
(hereinafter referred to as the Code of Civil Procedure of Ukraine), a
witness may be any legally competent natural person who is aware of any
circumstances related to the case. A witness is a participant in the business
process, and therefore the law clearly defines the scope of his rights and
obligations. In particular, the fourth part of Article 66 of the Civil Procedure
Code of Ukraine guarantees a witness the right to testify in his native
language or in the language he knows, to use written records, to refuse to
testify in cases established by law, as well as the right to compensation for
costs associated with a summons to court .
Testimony of a witness in accordance with Part 1 of Art. 87 of the Civil
Procedure Code of Ukraine is a notification about the circumstances known
to him, which are important for the case, and are set out in writing in the
statement. The law defines the requirements for such a statement, only in
compliance with which the testimony of a witness will be proper and
admissible evidence during the consideration of the case by the commercial
court and the resolution of the relevant dispute. In particular, in the
witness's statement, the witness's surname, first name and patronymic, place
of residence (residence) and place of work, zip code, registration number of
the witness's tax payer's account card, if available, or passport number and
series, numbers of means of communication and e-mail addresses (if
available), circumstances known to the witness, sources of the witness's
knowledge of these circumstances, as well as the witness's confirmation of
awareness of the content of the law on criminal liability for giving false
testimony and willingness to appear in court upon his summons for
confirmation of their testimony. The signature of the witness on the
application requires notarization, except for the case of the signature of the
parties, third parties, their representatives who have given their consent to
be questioned as witnesses.
The testimony of a witness who cannot name the source of his knowledge
of a certain circumstance, or which is based on the reports of other persons,
is not evidence (Article 87 of the Code of Civil Procedure of Ukraine). Such
testimony of a witness is not taken into account by the court.
An important aspect in the investigation of the procedural status and role of
a witness in a business process is that based on his testimony, the court
cannot establish circumstances that, in accordance with the law or customs
of business turnover, are reflected (accounted for) in the relevant
documents. This provision is enshrined in Art. 87 of the Civil Procedure
Code of Ukraine and quite specifically defines the legal nature of the facts
that can be established with the help of such a means of proof as testimony
of witnesses.
Thus, before carrying out research and evaluation of a certain piece of
evidence, the commercial court during court proceedings must first of all
find out its admissibility. Testimony of witnesses is admissible evidence
only if the information provided by them about the circumstances,
according to the law, must be confirmed in this way and cannot be
confirmed by other means of proof. In addition, the court does not consider
testimony of witnesses that do not relate to the subject of evidence, i.e.
circumstances that confirm the stated claims or objections or have other
significance for the consideration of the case and are subject to
establishment when passing a court decision (according to Article 76 of the
Code of Civil Procedure of Ukraine), that indicates their inappropriateness.
When examining the legal status of witnesses in business proceedings, it is
worth emphasizing the need for them to provide only reliable information,
on the basis of which the court can establish the true circumstances of the
case. Persons who have any information about the circumstances that are
relevant to the case should be careful when testifying, because the
knowingly false testimony of a witness is subject to criminal liability under
Art. 384 of the Criminal Code of Ukraine (as amended on December 18,
2017; hereinafter referred to as the Criminal Code of Ukraine), and for the
refusal of a witness to testify - under Art. 385 of the Criminal Code of
Ukraine. 31. The legal definition of evidences, characteristics of
The witness is obliged to appear before the court at the appointed time and evidences.
give truthful testimony about the circumstances known to him. At the same
time, in the absence of objections from the parties to the case, the witness Юридичне визначення доказів, характеристика доказів.
may participate in the court session via video conference. If he cannot
Article 73. Evidence
appear in court due to illness, old age, disability or for other valid reasons,
the court may allow him to participate in the court session in the video 1. Evidence is any data on the basis of which the court establishes the
conference mode regardless of the objections of the participants in the case, presence or absence of circumstances (facts) that justify the claims and
and in the case of impossibility to come to court and participate in a court objections of the participants in the case, and other circumstances that are
session in the mode of video conference, upon summoning by the court, the important for the resolution of the case.
witness is obliged to inform the court about this in advance. 2. These data are established by the following means:
1) written, physical and electronic evidence;
2) conclusions of experts;
3) testimony of witnesses.
 2. The subject of proof is the circumstances that confirm the stated claims
or objections or have other significance for the consideration of the case and
Peculiarities of determining damage caused as a result of withdrawal of a
are subject to establishment when the court decision is passed.
bank from the market or liquidation of a bank on the basis of unlawful
(illegal) individual acts of the National Bank of Ukraine, the Deposit Article 77. Admissibility of evidence
Guarantee Fund of Individuals, the Ministry of Finance of Ukraine, the 1. Circumstances that, according to the legislation, must be confirmed
National Commission for Securities and the Stock Market, decisions of the by certain means of proof cannot be confirmed by other means of
Cabinet of Ministers of Ukraine to individuals , which on the date of proof.
adoption of such individual acts or decisions, respectively, had the status of
participants of such a bank, are established by the Law of Ukraine "On 2. Evidence obtained in violation of the law shall not be accepted by the
Banks and Banking Activity" and the Law of Ukraine "On the Deposit court.
Guarantee System of Individuals". Article 78. Credibility of evidence
1. Evidence created (obtained) in the absence of influence aimed at forming a
false impression of the circumstances of the case, which are significant for
the case, is reliable.
Article 79. Reliability of evidence
1. The presence of a circumstance that a party refers to as the basis for its
claims or objections is considered proven if the evidence provided to
confirm such a circumstance is more likely than the evidence provided to
refute it.
2. The court decides the question of the credibility of the evidence for
establishing the circumstances relevant to the case in accordance with its
internal conviction.

32. Types of evidences in economic litigation, the rules of

their assessment by the court.

Article 76. Adequacy of evidence Види доказів у господарському судочинстві, правила їх оцінки судом.
1. The evidence is adequate, on the basis of which it is possible to Types of evidence:
establish the circumstances that are included in the subject of proof. 1) written, tangible, electronic evidence;
The court does not consider evidence that does not relate to the subject
of evidence. 2) conclusions of experts;
3) testimony of witnesses.
The testimony of a witness is a statement about the circumstances known to
him, which are important for the case. The testimony of a witness who
cannot name the sources of his knowledge of a certain circumstance and
those based on the reports of other persons are not evidence.
The testimony of the witness is presented in writing in the statement of the
witness, where his signature is certified by a notary. Notarization of the
signatures of the parties, third parties, and their representatives who
consented to their questioning as witnesses is not required.
Written evidence is a document (except for electronic documents) that
contains data about the circumstances that are important for the correct
resolution of the dispute, which are submitted in the original or in a duly
certified copy, noting where the originals are located.
Physical evidence is the material world objects that, by their existence,
qualities, properties, location, and other features, make it possible to
establish circumstances relevant to the case.
Electronic evidence is information in electronic (digital) form that contains
data about circumstances relevant to the case, in particular, electronic
documents (including text documents, graphic images, plans, photographs,
video and sound recordings, etc.) that submitted in original or in electronic
or paper copy.
The expert's opinion is a description of the research carried out by the
expert, which is presented in written form, which reflects justified answers
to the questions that were put to him and which is issued at the request of a
participant in the case or on the basis of a court order on the appointment of
an expert opinion. Expertise can be commission, i.e. carried out by at least
two experts of the same field of special knowledge, complex carried out by
at least two experts from different fields of knowledge or from different
fields within the same field of knowledge, additional if the conclusion is
incomplete or unclear and repeated (according to if there are doubts about
the correctness of the conclusion - groundlessness, contradiction with other
case materials, etc.)
Article 86. Evaluation of evidence
1. The court evaluates the evidence according to its internal conviction,
which is based on a comprehensive, complete, objective and direct
examination of the evidence available in the case.
2. No evidence has a predetermined force for the court. The court
assesses the propriety, admissibility, and credibility of each piece of
evidence separately, as well as the probability and interrelationship of
the pieces of evidence as a whole.
3. The court evaluates both the evidence collected in the case as a whole and
each piece of evidence (a group of the same type of evidence) contained in
the case, and motivates the rejection or consideration of each piece of
evidence (group of evidence).
33. The legal order of evidence submission.
Правовий порядок подання доказів.
Article 74. Obligation to prove and submit evidence
1. Each party must prove the circumstances to which it refers as the
basis of its demands or objections.
2. If a party to the case refers to the non-commitment of certain actions
by another party to the case or the absence of a certain event, the court
may oblige such other party to the case to provide relevant evidence of
the performance of these actions or the presence of a certain event. In
case of failure to provide such evidence, the court may recognize the
circumstance of failure to take appropriate actions or the absence of an
event as established.

3. Evidence is submitted by the parties and other participants in the case.
4. The court may not collect evidence related to the subject of the dispute
on its own initiative, except for the court's demand for evidence in the event
that it has doubts about the conscientious exercise by the participants of the
case of their procedural rights or the fulfillment of their obligations
regarding evidence
Article 80. Submission of evidence
1. Participants in the case submit evidence in the case directly to the court.
2. The plaintiff, persons who are granted the right to apply to the court in
the interests of other persons by law, must submit evidence together with
the statement of claim.
3. The defendant, a third party who does not make independent claims
regarding the subject of the dispute, must submit evidence to the court
together with the third party's response or written explanations.
4. If the evidence cannot be submitted within the time limit established by
law for objective reasons, the party to the case must inform the court about
this in writing and note: the evidence that cannot be submitted; the reasons
for which the evidence cannot be submitted within the specified period;
evidence that confirms that the person has taken all actions dependent on
him, aimed at obtaining the specified evidence.
5. If the reasons for failure of the party to the case to submit evidence
within the period established by law are recognized as valid, the court may
set an additional period for the submission of the specified evidence.
6. If the court accepts a party's refusal to acknowledge the circumstances,
the court may set a deadline for submitting evidence regarding such
circumstances.
7. If the circumstances subject to proof have changed with a change in the
subject matter or grounds of the claim or the filing of a counterclaim, the
court, depending on such circumstances, shall set the deadline for
submitting additional evidence.
8. Evidence not submitted within the time limit set by law or by the court
shall not be accepted for consideration by the court, except in the case when
the person who submits it has substantiated the impossibility of submitting
it within the specified time limit for reasons beyond his control.
9. Copies of evidence (except physical evidence) submitted to the court
shall be sent in advance or provided by the person who submits them to
other participants in the case. The court does not take into account relevant
evidence in the absence of confirmation of sending (providing) their copies
to other parties to the case, unless such evidence is available to the relevant
party to the case or the amount of evidence is excessive, or it is submitted to
the court in electronic form, or is publicly available available
10. Evidence that is not attached to the statement of claim or to the
response to it, unless otherwise provided by this Code, is submitted through
the court office, using the Unified judicial information and
telecommunications system, or at a court hearing with a request to add them
to the case file.
11. In the event of a statement that a document attached to the case or
submitted to the court by a party to the case for review raises doubts about
its authenticity or is forged, the person who submitted this document may
ask the court to exclude it from the list before the end of the preparatory
session evidence and consider the case on the basis of other evidence.

34. Written, material and electronic evidences in economic
litigation, the legal order of their submission.
Письмові, речові та електронні докази в господарському
судочинстві, правовий порядок їх подання.
Article 91. Written evidence
1. Written evidence is documents (except for electronic documents) that
contain data of a nature that is important for the correct resolution of the
dispute.
2. Written evidence shall be provided in the original or a duly certified
copy, unless otherwise provided by this Code. If only a part of the
document is relevant for the resolution of the dispute, a certified extract
1. Physical evidence is the objects of the material world, which, by their
from it is provided.
3. Participants have the right to provide written evidence in electronic
copies certified by an electronic signature equivalent to a handwritten
signature in accordance with the law. The electronic copy of the written
evidence is not confirmed by the electronic evidence.
4. Copies of documents are considered duly certified if they are certified in
the manner established by current legislation.
5. A party to the case who provides written evidence in copies (electronic
copies) must state that he or another person has the original written
evidence.
The party to the case confirms the correspondence of the copy of the
written evidence with the original contained in it by his signature indicating
the date of such certification.
6. If a copy (electronic copy) of the written evidence is submitted, the
court, at the request of a party to the case or on its own initiative, may
demand the original of the written evidence from the relevant person.
If the original of the written evidence is not submitted, and the party to the
case or the court has questioned the conformity of the submitted copy
(electronic copy) of the original, such evidence is not taken into account by
the court.
7. Documents received by facsimile or other similar means of
communication shall be accepted by the court as written evidence in the
case and in the manner established by law or contract.
8. A foreign official document that is subject to diplomatic or consular
legalization can be written evidence if it is legalized in the prescribed
manner. Foreign official documents are recognized as written evidence
without their legalization in the cases stipulated by international treaties, the
consent of which has been given to the Verkhovna Rada of Ukraine to be
binding.
Article 93. Material evidence
existence, their qualities, properties, location, and other features, allow
establishing the circumstances that are important for the case.
Article 96. Electronic evidence
1. Electronic evidence is information in electronic (digital) form that
contains data on materials relevant to the case, in particular, electronic
documents (including text documents, graphic images, plans, photographs,
video and sound recordings, etc.), websites (pages), text, multimedia and
voice messages, metadata, databases and other data in electronic form.
Such data can be stored, in particular, on port devices (memory cards,
mobile phones), other servers, backup systems, other places of data storage
in electronic form (including on the Internet).
2. Electronic evidence is provided in the original or in an electronic copy
certified by an electronic signature, equivalent to a handwritten signature in
accordance with the Law of Ukraine "On Electronic Trust Services". The
law may provide for a different procedure for certifying an electronic copy
of an electronic evidence.
3. Participants have the right to submit electronic evidence in paper copies
certified in the manner prescribed by law. A paper copy of an electronic
proof is not supported by a written proof.
 4. A party to the case who provides a copy of the electronic evidence must
indicate that he or another person has the original electronic evidence.
5. If a copy (paper copy) of electronic evidence is submitted, the court may
request the original electronic evidence from the relevant person at the
request of a party to the case or on its own initiative. If the original of the
electronic evidence is not submitted, and the party to the case or the court
has questioned the conformity of the submitted copy (paper copy) of the
original, such evidence is not taken into account by the court.
Article 97. Storage and return of originals of electronic evidence
1. Originals or copies of electronic evidence are stored in the court in the
case files.
2. At the request of the person who provided the court with the original
electronic evidence on a physical medium, such material medium, on which
the original evidence is contained, is tried, this person is examined after the
given electronic evidence, if this is possible without prejudice to the
consideration of the case, or after typing a court decision. of legal force. A
certified court copy of the electronic evidence or an extract from it remains
in the case file.
Article 82. Review of evidence according to its location
1. Written, physical and electronic evidence that cannot be delivered to the
court shall be inspected according to their location.
2. The parties to the case shall be notified of the date, time and place of the
inspection of the evidence according to its location. The non-appearance of
these persons is not an obstacle to the inspection.
3. If necessary, including at the request of a party to the case, witnesses,
translators, experts, specialists may be involved to participate in the review
of evidence based on their location, as well as photography, sound and
video recording.
4. A protocol is drawn up on the review of evidence according to its
location, which is signed by all persons participating in the review. All
plans, drawings, copies of documents, as well as photographs, electronic
copies of evidence, video recordings, etc. taken during the inspection are
attached to the report together with a description.
5. If the inspection is conducted in the absence of at least one of the parties,
as well as in other cases when the court deems it necessary, video recording
of the inspection is carried out by technical means.
6. Persons participating in the review of evidence based on their location
have the right to draw the attention of the court to one or another
circumstance that, in their opinion, is important for a full-fledged review, to
establish circumstances that are important for the consideration of the case,
to make their comments on the review protocol.
7. In accordance with the procedure provided for in this article, the court, at
the request of a party to the case or on its own initiative, may inspect the
website (page), other places of data storage on the Internet in order to
establish and record their content. If necessary, the court may engage a
specialist to conduct such an examination.
8. The court may appoint an expert to establish and record the content of the
website (page), other places of data storage on the Internet, provided that
this requires special knowledge and cannot be carried out by the court
independently or with the involvement of a specialist
35. Appointment of exper texamination by Economic court.
Assessment of the expert conclusion by Economic court.
Призначення господарським судом експертизи. Оцінка експертного
висновку Господарським судом.
Article 98. Requirements for an expert's opinion
1. The expert's opinion is a detailed description of the research carried out
by the expert, the conclusions drawn as a result of them and substantiated
answers to the questions posed to the expert, drawn up in the manner
determined by the legislation.
 2. The subject of the expert's opinion may be the investigation of
circumstances that are part of the subject of proof and the establishment of
which requires the expert's special knowledge.
The subject of the expert opinion cannot be questions of law.
3. An expert's opinion can be provided at the request of a party to the case
or on the basis of a court order on the appointment of an expert opinion.
4. The expert's opinion is presented in writing and attached to the case.
5. The court has the right at the request of the parties to the case or on its own
initiative to summon an expert to provide oral explanations regarding his
conclusion.
Article 99. Appointment of expert examination by the court
1. The court, at the request of a party to the case or on its own initiative,
appoints an examination in the case under the following conditions:
1) in order to find out the circumstances relevant to the case, special
knowledge in a field other than law is required, without which it is
impossible to establish the relevant circumstances;
2) no party has provided an expert opinion on the same issues or expert
opinions provided by the parties cause reasonable doubts about their
correctness, or at the request of a party to the case, motivated by the
impossibility of providing an expert opinion within the time limits set for
the submission of evidence, for reasons recognized by the court
respectable, in particular due to the impossibility of obtaining the necessary
materials for the examination.
2. If necessary, the court may order several examinations, additional or
repeated examination.
3. When appointing an expert examination by the court, an expert or an
expert institution is chosen by the parties by mutual agreement, and if such
an agreement is not reached within the term set by the court, the expert or
an expert institution is determined by the court. Taking into account the
circumstances of the case, the court has the right to determine the expert or
expert institution independently. If necessary, several experts may be
appointed to prepare a single opinion (commission or comprehensive
examination).
4. The issues on which the court-appointed examination must be conducted
are determined by the court.
5. The participants in the case have the right to propose to the court
questions, the clarification of which, in their opinion, requires an expert's
opinion. In case of rejection or change of issues proposed by the
participants in the case, the court is obliged to motivate such rejection or
change.
6. The questions put to the expert and his conclusion from them cannot go
beyond the expert's special knowledge.
7. The expert appointed by the court must immediately notify the court of
the impossibility of conducting the expert examination due to lack of
necessary knowledge or without the involvement of other experts.
The court issues a decision on the appointment of an expert opinion, in
which it indicates the grounds for conducting the expert opinion, the issues
on which the expert must provide the court with an opinion, the person
(persons) entrusted with conducting the expert opinion, the list of materials
provided for the investigation, and other data that are important for
examination.
Article 104. Evaluation of an expert's opinion by a court
1. The opinion of an expert for the court does not have a predetermined force
and is evaluated by the court together with other evidence according to the
rules established by Article 86 of this Code. The court's rejection of the
expert's opinion must be motivated in the court decision.
Article 86. Evaluation of evidence
1. The court evaluates the evidence according to its internal
conviction, which is based on a comprehensive, complete, objective
and direct examination of the evidence available in the case.
2. No evidence has a predetermined force for the court. The court
assesses the propriety, admissibility, and credibility of each piece of
evidence separately, as well as the probability and interrelationship of
the pieces of evidence as a whole
2. The court evaluates both the evidence collected in the case as a whole and
each piece of evidence (a group of the same type of evidence) contained in
the case, and motivates the rejection or consideration of each piece of
evidence (group of evidence).
36. The legal status of Arbitration courts. The jurisdiction of
Arbitration courts in Ukraine.
Правовий статус третейських судів. Юрисдикція третейських судів в
Україні.
An arbitration court is a non-governmental independent body formed by
agreement or relevant decision of interested individuals and/or legal entities
in accordance with the procedure established by the Law of Ukraine "On
Arbitration Courts" to resolve disputes arising from civil and economic
legal relations.
The essence of arbitration proceedings is that the parties entrust the
resolution of the dispute and the adoption of a decision to a third party, and
not to a body authorized by the state. This is the essential difference
between arbitration proceedings and other forms of protection of rights and
interests — civil and commercial proceedings, which are carried out
exclusively by courts of general jurisdiction.
In accordance with the provisions of Art. 125 of the Constitution of
Ukraine, arbitration courts are not included in the system of courts of
general jurisdiction, and therefore are not bodies of justice.[1]
Arbitration of parties' disputes in the field of civil and economic legal
relations[2] is a type of non-state jurisdictional activity, which arbitration
courts carry out on the basis of the laws of Ukraine by applying, in
particular, arbitration methods. The performance by arbitration courts of
the function of protection of rights and interests is not the implementation of
justice, but the arbitration of parties' disputes in civil and economic legal
relations within the limits of the law defined by the Constitution of Ukraine.
By agreement of the parties, any dispute arising from civil and economic
legal relations may be referred to the arbitration court, except for cases
provided for by law. If a valid international treaty, the binding consent of
which has been granted by the Verkhovna Rada of Ukraine, establishes a
different procedure for the organization, operation and resolution of
disputes by an arbitration court than that provided for by the law on
arbitration courts, then the norms of the international treaty shall apply. The
Law of Ukraine "On Arbitration Courts" does not apply to international
commercial arbitration.
Arbitration is a democratic alternative way of protecting property and non-
property rights and legally protected interests of individuals and legal
entities and resolving conflicts arising between subjects of legal relations,
which is based on the private will of individuals and is carried out without
state intervention.
Thus, arbitration courts can consider any cases arising from civil and
economic legal relations, with the exception of:
1) cases in disputes about the invalidation of normative legal acts;
2) cases in disputes arising from the conclusion, change, termination and
execution of business contracts related to the satisfaction of state needs;
3) cases related to state secrets;
4) cases in disputes arising from family legal relations, except for cases in
disputes arising from marriage contracts (agreements);
5) cases on restoring the debtor's solvency or declaring him bankrupt;
6) cases in which one of the parties is a state authority, a local self-
government body, a state institution or organization, a state-owned
enterprise;
7) other cases subject to resolution exclusively by courts of general
jurisdiction or the Constitutional Court of Ukraine;
8) cases where at least one of the parties to the dispute is a non-resident of
Ukraine. That is, this Law does not apply to commercial arbitration, and
disputes with non-residents of Ukraine can be resolved in accordance with
the Law of Ukraine "On International Commercial Arbitration" dated
February 24, 1994.
Two types of courts can be formed and operate in Ukraine (Article 7 of the
Law of Ukraine "On Arbitration Courts"):
permanent arbitration courts;
arbitration courts to resolve a specific dispute (ad hoc courts).
Permanently operating arbitration courts and arbitration courts for the
resolution of a specific dispute are formed without the status of a legal
entity.
The permanent arbitration court is headed by the chairman of the
arbitration court, whose election procedure is determined by the Regulation
on the permanent arbitration court. Permanently operating arbitration courts
cannot be established and operate under state authorities and local self-
government bodies.
Permanently operating arbitration courts may be formed and operate if
registered in accordance with the current legislation of Ukraine:
1. All-Ukrainian public organizations;
2. all-Ukrainian organizations of employers;
3. stock and commodity exchanges, self-regulatory organizations of
professional participants in the securities market;
4. Chambers of Commerce and Industry;
5. All-Ukrainian associations of credit unions, the Central Union of
Consumer Societies of Ukraine;
6. unions, associations of business entities - legal entities, including banks.
37. Grounds and legal order of appeal of decisions of
Ukrainian Arbitration courts.
Підстави та правовий порядок оскарження рішень третейських
судів України.
The Economic Procedure Code of Ukraine and the Law of Ukraine
"On International Commercial Arbitration" regulate only contesting decisions
of international commercial arbitrations, if the place of arbitration is located in
Ukraine.
The parties have the right to apply to the court for annulment of the
decision of the international commercial arbitration. The decision of the
international commercial arbitration may be contested in the manner
prescribed by this section, if the place of arbitration is located on the territory
of Ukraine (Article 454).
An application for annulment of an international commercial arbitration
decision is submitted to the general appellate court at the location of the
arbitration (Article 454).
An application for annulment of an international commercial arbitration
award may not be submitted: after the expiration of 3 months, counting from
the day when the party making this request received the arbitral award, the
submission by such party of a request to the international commercial
arbitration for correction or clarification of the award or the adoption of an
additional decision, - from the day the international commercial arbitration
renders a decision on this request (Article 454 ).
There is one institutional international commercial arbitration in
Ukraine - the International Commercial Arbitration Court at the Chamber of
Commerce and Industry of Ukraine (ICAC at the Chamber of Commerce and
Industry of Ukraine). Applications for annulment of its decisions are submitted
to the Court of Appeal of Kyiv.
If the parties have applied for ad hoc arbitration, then, accordingly, the
application must be submitted to the regional appeals court at the location of
the arbitration (regarding the rules of territorial jurisdiction of cases)
An application for annulment of an international commercial arbitration
award may not be submitted after the expiration of three months, counting
from the day when the party making this request received the arbitral award,
and in the event that such party submits a request to the international
commercial arbitration for correction or clarification of the award or the
adoption of an additional decision - from the date of the international
commercial arbitration ruling on this request.
The case of appealing the decision of international commercial
arbitration is considered by the judge alone within thirty days from the date of
receipt of the application to the court to cancel the decision of international
commercial arbitration, in a court session with notification of the parties.
Non-appearance of persons duly notified of the date, time and place of
the hearing of the case does not prevent the hearing of the case.
The court is not limited by the arguments of the application for
annulment of the decision of international commercial arbitration, if grounds
for annulment of the decision of international commercial arbitration are
established during the consideration of the case.
Prior to the issuance of a decision following the consideration of an
application for annulment of an international commercial arbitration decision,
any party has the right to apply to the same court in accordance with the
procedure and time limit established by law with an application for the
issuance of a writ of execution (granting permission) for the execution of the
same decision and to request that it be considered jointly with an application
for annulment of this decision in one proceeding.
The decision of the international commercial arbitration may be
annulled if:
1) the party that submitted an application for cancellation will provide
evidence that:
a) one of the parties to the arbitration agreement was incapacitated; or
this agreement is invalid according to the law to which the parties submitted
this agreement, and in the absence of such an instruction - according to the law
of Ukraine; or
b) she was not properly notified of the appointment of an arbitrator or
of the arbitration proceedings or for other valid reasons she could not submit
her explanations; or
c) the decision was rendered in relation to a dispute not provided for by
the arbitration agreement or one that does not fall under its terms, or contains
resolutions on issues that go beyond the boundaries of the arbitration
agreement, however, if resolutions on issues covered by the arbitration
agreement can be separated from those, that are not covered by such an
agreement, only that part of the arbitration award that contains rulings on
matters not covered by the arbitration agreement can be annulled; or
d) the composition of the international commercial arbitration or the
arbitration procedure did not comply with the agreement of the parties, unless
such an agreement is contrary to the law from which the parties cannot deviate,
or, in the absence of such an agreement, did not comply with the law; or
2) the court shall determine that:
a) in accordance with the law, the dispute, given its subject, cannot be
referred to international commercial arbitration; or
b) the arbitration decision contradicts the public order of Ukraine.
According to the consequences of the consideration of the case on the
annulment of the decision of the international commercial arbitration, the court
issues a decision.
A court decision on annulment of an international commercial
arbitration decision or refusal to annul it may be appealed in the appeal
procedure.
Cancellation of an international commercial arbitration decision by a
court does not deprive a party of the right to re-apply to international
commercial arbitration, except for cases provided by law. The Regulation of
the ICAC under the Chamber of Commerce and Industry of Ukraine provides
for such a variant of the development of events and notes that, in the event of a
repeated application to the ICAC and acceptance of a dispute between the
same persons, on the same subject and on the same grounds in connection with
the annulment of the decision of the ICAC by the arbitration court the fee is
paid in the amount of 50% of the amount of the arbitration fee, which is
payable in accordance with paragraph 1 of section III of this Regulation, but
not less than the amount of the minimum fee established therein.

38. Competence of Arbitration courts in Ukraine. Legal
status of the International Commercial Arbitration Court at
the Ukrainian Chamber of Commerce and Industry.
Компетенція третейських судів в Україні. Правовий статус
Міжнародного комерційного арбітражного суду при Торгово-
промисловій палаті України.
The legal status of the International Commercial Arbitration Court at the
Chamber of Commerce and Industry of Ukraine (ICAC), i.e. its legal
personality, organization of activities, competence, is established:
the Law of Ukraine "On International Commercial Arbitration" dated February
24, 1994;
Regulations on the International Commercial Arbitration Court at the Chamber
of Commerce and Industry of Ukraine, which is Appendix 1 to the said Law;
Regulations of the International Commercial Arbitration Court at the Chamber
of Commerce and Industry of Ukraine.
"arbitration" - any arbitration (arbitration court), regardless of whether it is
formed specifically for consideration of a separate case, or is carried out by a
permanently operating arbitration institution, in particular the International
Commercial Arbitration Court or the Maritime Arbitration Commission at the
Chamber of Commerce and Industry of Ukraine;
Arbitration as a method of dispute resolution involves the resolution of
disputes by arbitrators (arbitration judges), which ends with the rendering of a
binding decision for the parties. Arbitration covers domestic arbitration courts,
international commercial arbitration, international investment arbitration
(resolution of disputes between foreign investors and host states), interstate
arbitration.
The Arbitration Court is a state judicial body that resolves commercial
disputes, and is similar to the Commercial Court currently in force in Ukraine.
State courts of general jurisdiction, commercial courts and international
commercial arbitration as jurisdictional forms of protection of civil rights are
independent of each other. International recognition is a prerequisite for this
independence
conventions and acts of domestic legislation on the binding nature of the
arbitration agreement regarding the decision of a foreign economic dispute in
the relevant international commercial arbitration.
The conclusion of such an arbitration agreement leads to two procedural and
legal consequences:
1) the obligation of the interested party to the dispute to apply to the relevant
international commercial arbitration for the resolution of the dispute;
2) exclusion of the jurisdiction of state courts in this dispute. If a party to the
arbitration agreement is contrary to the arbitration agreement
still applies to the state court, then the latter on its own initiative (with the
system of absolute incompetence of the state court) or at the request of the
party to the dispute for removal
of the state court due to lack of jurisdiction (under the system of relative
incompetence of the state court) must declare itself incompetent to consider
this case and refer the dispute to international commercial arbitration, which is
specified in the arbitration agreement.
Therefore, recourse to international commercial arbitration excludes, as a rule,
the intervention of national state courts in the process of dispute resolution.
However, it cannot be denied and
the fact of the existence of a certain interaction between these two forms of In order to be able to apply to the international arbitration court, the parties to
rights protection. State courts of general jurisdiction, economic courts and the conflict must either conclude a separate agreement for consideration of the
international commercial arbitration as jurisdictional forms of civil rights case in arbitration, or provide for the possibility of consideration of the case in
protection are independent of each other. International recognition is a the arbitration clause of the cooperation agreement.
prerequisite for this independence An arbitration clause is a provision of the contract, which states that in the
conventions and acts of domestic legislation on the binding nature of the event of a dispute, the parties agree to refer it to specific arbitration (or ad hoc
arbitration agreement regarding the decision of a foreign economic dispute in arbitration (created exclusively for the consideration of this dispute)) and under
the relevant international commercial arbitration. certain conditions of consideration. The parties must specify which disputes
are subject to for resolution in arbitration. For example, all disputes arising in
The conclusion of such an arbitration agreement leads to two procedural and
connection with the conclusion, interpretation, performance, termination,
legal consequences:
invalidity of the contract. At the same time, the parties can specify the number
1) the obligation of the interested party to the dispute to apply to the relevant of arbitrators, the place of arbitration, the language of the arbitration and
international commercial arbitration for the resolution of the dispute; choose the substantive law to be applied arbitration to the legal relations of the
2) parties under the contract, in connection with which the conflict arose.
2) exclusion of the jurisdiction of state courts in this dispute. If the party to the
arbitration agreement, contrary to the arbitration agreement, still files a claim
with the state court, then the latter on its own initiative (under the system of
absolute incompetence of the state court) or at the request of the party to the
dispute to remove the state court due to lack of jurisdiction (under the system
of relative incompetence of the state court) must declare himself incompetent
to consider this case and refer the dispute to the international commercial
arbitration specified in the arbitration agreement.
Therefore, recourse to international commercial arbitration excludes, as a rule,
the intervention of national state courts in the process of dispute resolution.
However, it cannot be denied and
the fact of the existence of a certain interaction between these two forms of
rights protection.

39. Consideration of disputes by Arbitration courts.

Arbitration clause. Enforcement of the decision of
Arbitration court.

Розгляд спорів Третейськими судами. Арбітражне

застереження. Виконання рішення Арбітражного суду.

40.Characteristic of writ proceeding.
Характеристика наказного провадження.
Injunctive proceedings are one of the types of commercial proceedings,
which are intended for the consideration of cases for the recovery of small
sums of money, in respect of which there is no dispute or its existence is
unknown to the applicant. Taking into account the fact that the court fee for
issuing a court order is ten times less than when filing a lawsuit (192.1
hryvnias against 1,921 hryvnias), injunction proceedings have become a
fairly effective, cheaper and more efficient tool for protecting the creditor's
violated interest.
Telegram "Court practice"
At the same time, submitting an application to the commercial court for the
issuance of a court order does not guarantee the receipt of an executive
document. First, the legislator defined certain requirements for the form and
content of the application for the issuance of a court order, failure to comply
with which is grounds for refusal to issue a court order (Article 150 of the
Code of Civil Procedure of Ukraine). Secondly, procedural legislation
contains additional grounds for refusing to issue a court order (Article 152
of the Civil Procedure Code of Ukraine).
One applicant, one debtor
Parts 2 and 3 of Article 147 of the Civil Procedure Code of Ukraine
stipulate that a person entitled to a claim may apply for a court order.
Applicants and debtors in injunctive proceedings can be legal entities and
natural persons – entrepreneurs.
Thus, the provisions of the Civil Procedure Code of Ukraine provide for a
clear composition of the participants in the injunctive proceeding - this is
the applicant and the debtor, while the applicant can only be a person who
has the right to claim.
At the same time, in accordance with parts 1 and 2 of Article 47 of the Civil
Procedure Code of Ukraine, a lawsuit may be filed jointly by several
plaintiffs or against several defendants. Each of the plaintiffs or defendants
in relation to the other party acts independently in the legal process.
Participation in the case of several plaintiffs and (or) defendants (procedural
participation) is allowed if: 1) the subject of the dispute is the joint rights or
obligations of several plaintiffs or defendants; 2) the rights or obligations of
several plaintiffs or defendants arose from the same reason; 3) the subject of
the dispute is homogeneous rights and obligations.
Therefore, the protection of the interests of the creditor by collecting debts
from several debtors, including jointly and severally, must be done
exclusively through the filing of a lawsuit, since the injunctive proceedings
do not allow the participation of several debtors or several applicants.
Article 154. Procedure for consideration of applications for issuance of
a court order
1. The court shall consider the application for issuance of a court order
within five days from the date of its receipt. The consideration shall be held
without a court hearing and notification of the applicant and the debtor.
2. After the application for the court order approval has been
considered, the court shall issue a court order or adopt a ruling with a
refusal to issue a court order.
3. A court order shall not be subject to appeal, but it may be revoked in
the manner prescribed by this section.
Article 155. Contents of the court order
1. The court order shall contain:
1) the date when the order was issued;
2) name of the court, surname and initials of the judge who issued the
court order;
3) full name (for legal entities) or name (surname, name and
patronymic) (for individuals) of the recoverer and the debtor, their location
(for legal entities) or place of residence or stay (for individuals),
identification code of a legal entity in the Unified State Register of
Enterprises and Organisations of Ukraine of the recoverer and the debtor,
taxpayer identification number of the recoverer and the debtor (for
individuals) (if any) or number and series of the collector's and debtor's
passport for individuals that are citizens of Ukraine, and other data, if they
are known to the court and identify the recoverer and the debtor;
4) reference to the law on the basis of which the stated claims are
subject to satisfaction;
5) the amount of funds to be recovered;
6) the amount of court costs paid by the applicant and subject to
recovery in his/her favour from the debtor;
7) notification that during the consideration of the claims by way of
writ proceedings and the issuance of a court order, the court does not
consider the validity of the claims filed by the claimant on the merits;
8) information on the procedure and period for filing an application for
the court order revocation;
9) the date when the court order is entered into force;
10) the period for submission of a court order for enforcement;
11) the date of issuance of the court order to the claimant.
2. The information specified in Paragraphs 9–11, Part 1 of this Article
shall be entered in the court order on the day of its issuance to the recoverer
to submit for enforcement.
3. The court order shall be drawn up and signed by the judge in two
counterparts, one of which shall remain in court and the other shall be
issued against a receipt or sent to the recoverer at their official e-mail
address, or by registered letter with acknowledgment of receipt, or a
registered mail with declared value and list of enclosures after the court
order is entered into force if the official e-mail address is unavailable.
41. The legal status of participants of writ proceeding.
Правовий статус учасників судового провадження.
Section II
WRIT PROCEEDINGS
Article 147. Recovery by virtue of a court order
1. A court order shall mean a special form of a judgment issued by a
court following the consideration of the requirements provided for in Article
148 of this Code.
2. A person who has the right of claim may file an application to get a
court order.
3. The applicant and the debtor in the writ proceedings may be legal
entities and individual entrepreneurs.
4. A court order shall be enforced in accordance with the rules
established by law for the enforcement of judgments.
Article 148. Requirements for issuance of a court order
1. A court order may be issued only for claims for recovery of
monetary debt under a contract concluded in writing (including electronic
form), if the amount of the claim does not exceed 100 times the subsistence
level for able-bodied persons.
2. A person shall have the right to apply to the court with the
requirements specified in Part 1 of this Article, in a writ or simplified action
proceedings of their choice.
Article 149. Jurisdiction
1. An application for the issuance of a court order shall be submitted to
the court of first instance under the general rules of jurisdiction established
by this Code for the filing of the statement of claim.
Article 150. Form and content of the application for issuance of a court
order
1. An application for issuance of a court order shall be submitted to the
court in writing and signed by the applicant.
2. The application shall contain the following:
1) name of the court where the application is filed;
2) full name (for legal entities) or name (surname, name and
patronymic) (for individuals) of the applicant and the debtor, their location
(for legal entities) or place of residence, identification code of the legal
entity in the Unified State Register of Enterprises and Organisations of
Ukraine of the applicant and the debtor, taxpayer identification number of
the applicant and the debtor (for individuals) (if any) or number and series
of the applicant's and debtor's passport (for individuals that are citizens of
Ukraine), indication of the status of the individual entrepreneur (for
individual entrepreneurs), as well as official e-mail addresses and other data
if they are known to the applicant and identify the debtor;
3) name (surname, name and patronymic) of the applicant's
representative, if the application is submitted by a representative, their place
of residence;
4) the applicant's claims and the circumstances on which they are
based;
5) a list of evidence by which the applicant substantiates the
circumstances on which his/her claims are based.
3. The following shall be attached to the application for a court order:
1) a document confirming the payment of court fees;
2) a document confirming the authority of the representative, if the
application is signed by the applicant's representative;
3) a copy of the contract concluded in a written (including electronic)
form, under which the requirements for recovery of monetary debt are
presented;
4) other documents or the copies thereof confirming the circumstances
used by the applicant to substantiate his/her claims.
 4. If the application is submitted in electronic form to the debtor who
has a registered official e-mail address, the applicant shall subsequently
submit any procedural and other documents related to the consideration of
their application exclusively in electronic form.
5. The applicant shall have the right to withdraw the application for
issuance of a court order before its consideration by the court.

42. Statement of claim in economic litigation. Scope and form

of a statement of claim. Price of a claim.

Позовна заява в господарському судочинстві. Обсяг і форма

позовної заяви. Ціна позову.

Article 161. Types and contents of statements on the merits
1. When a court considers a case in the order of action proceedings, the
case parties shall state their claims, objections, arguments, explanations and
considerations on the subject of the dispute in the written form, only in
statements on the merits of the case, as determined by this Code.
2. Statements on the merits shall be: statement of claim; statement of
defence (defence); response to the defence; objection; third party's
explanation of the claim or defence.
3. The grounds, time and priority of submission of applications on the
merits of the case shall be determined by this Code or by a court in the cases
provided for by this Code.
4. The parties shall have a right to submit the applications on the
merits.
5. The court may allow a case party to submit additional explanations
on a particular issue that arose during the proceedings, if they deem it
necessary.
Article 162. Statement of claim
1. In the statement of claim, the plaintiff shall set out his/her claims on
the subject matter of the dispute with the relevant justification.
2. The statement of claim shall be submitted to the court in written
form and signed by the plaintiff or their representative, or another person
who has a legal right to apply to the court in the interests of another person.
3. The statement of claim shall contain:
1) name of the court of first instance where the application is filed;
2) full name (for legal entities) or name (surname, name and
patronymic, for individuals) of the parties and other case parties, their
location (for legal entities) or place of residence or stay (for individuals);
postal code; identification code of the legal entity in the Unified State
Register of Enterprises and Organisations of Ukraine (for legal entities
registered under the legislation of Ukraine), as well as taxpayer
identification number (for individuals) (if any) or passport number and
series for individuals who are citizens of Ukraine (if the plaintiff is aware
thereof), indication of the status of individual entrepreneur (for individual
entrepreneurs); known contact details, official e-mail address and e-mail
addresses;
3) indication of the cost of claim, if the claim is subject to monetary
valuation; reasonable calculation of amounts collected or disputed;
 4) the content of claims: the method (methods) of protection of rights
or interests provided by law or contract, or other method (methods) of
protection of rights and interests, corresponding to the law and which is to
be indicated in the judgment upon the plaintiff's request; if the claim is filed
against several defendants, it is necessary to set out the content of the claims
against each of them;
5) a statement of the circumstances where the plaintiff substantiates
their claims; indication of evidence confirming the specified circumstances;
legal grounds for the claim
6) information on the adoption of measures for pre-trial dispute
settlement if the law establishes an obligatory pre-trial dispute settlement
procedure;
7) information on the measures to secure evidence or a claim before
filing a statement of claim, if any;
8) a list of documents and other evidence attached to the application;
indication of evidence that cannot be submitted together with the statement
of claim (if any); an indication that the plaintiff or another person has
originals of written or electronic evidence, copies of which are attached to
the application;
9) preliminary (indicative) calculation of the amount of court costs
incurred by the plaintiff and to be incurred by them due to the case;
10) plaintiff's acknowledgement that he/she has not filed another claim
(claims) against the same defendant (defendants) with the same subject and
on the same grounds.
4. If the statement of claim is filed by a person exempt from payment
of court fees under the law, it shall indicate the grounds for exemption of
the plaintiff from payment of court fees.
5. In case of filing a claim by a person who has a legal right to apply to
the court in the interests of another person, it is necessary to indicate the
grounds for such application in the statement of claim.
6. The statement of claim may contain other information necessary for
the proper resolution of the dispute.
Article 163. Cost of claim
1. The cost claim shall be determined as follows:
1) in lawsuits for recovery of funds, it shall be equal to the amount that
is collected, or the amount disputed under the executive or other document,
according to which the recovery is carried out in an indisputable manner
(without notice);
2) in claims for recognition of the right of ownership to the property or
a request for it, it shall be the value of the property;
3) in claims consisting of several independent claims, it shall be the
total amount of all claims.
2. If the cost of claim determined by the plaintiff obviously does not
correspond to the actual value of the disputed property or if it is impossible
to determine the exact cost at the time of filing the claim, the amount of the
court fee shall be determined in advance by the court with the subsequent
collection of unpaid court fee or its return in case of overpayment according
to the cost of claim set by the court in considering the case.
3. In case of increase of the size of claims or change of the claim
subject, the unpaid amount of the court fee shall be paid before applying to
the court with the relevant statement.
43. The rules of filing of a statement of claim.
Правила складання позовної заяви.
In the statement of claim, the plaintiff shall set out his/her claims on the
subject matter of the dispute with the relevant justification.
2. The statement of claim shall be submitted to the court in written form and
signed by the plaintiff or their representative, or another person who has a
legal right to apply to the court in the interests of another person
3. The statement of claim shall contain:
1) name of the court of first instance where the application is filed;
2) full name (for legal entities) or name (surname, name and patronymic, for
individuals) of the parties and other case parties, their location (for legal
entities) or place of residence or stay (for individuals); postal code;
identification code of the legal entity in the Unified State Register of
Enterprises and Organisations of Ukraine (for legal entities registered under
the legislation of Ukraine), as well as taxpayer identification number (for
individuals) (if any) or passport number and series for individuals who are
citizens of Ukraine (if the plaintiff is aware thereof), indication of the status
of individual entrepreneur (for individual entrepreneurs); known contact
details, official e-mail address and e-mail addresses;
3) indication of the cost of claim, if the claim is subject to monetary
valuation; reasonable calculation of amounts collected or disputed;
4) the content of claims: the method (methods) of protection of rights or
interests provided by law or contract, or other method (methods) of
protection of rights and interests, corresponding to the law and which is to
be indicated in the judgment upon the plaintiff's request; if the claim is filed
against several defendants, it is necessary to set out the content of the claims
against each of them;
5) a statement of the circumstances where the plaintiff substantiates their
claims; indication of evidence confirming the specified circumstances; legal
grounds for the claim
6) information on the adoption of measures for pre-trial dispute settlement if
the law establishes an obligatory pre-trial dispute settlement procedure;
7) information on the measures to secure evidence or a claim before filing a
statement of claim, if any;
8) a list of documents and other evidence attached to the application;
indication of evidence that cannot be submitted together with the statement
of claim (if any); an indication that the plaintiff or another person has
originals of written or electronic evidence, copies of which are attached to
the application;
9) preliminary (indicative) calculation of the amount of court costs incurred
by the plaintiff and to be incurred by them due to the case;
10) plaintiff's acknowledgement that he/she has not filed another claim
(claims) against the same defendant (defendants) with the same subject and
on the same grounds.
4. If the statement of claim is filed by a person exempt from payment of
court fees under the law, it shall indicate the grounds for exemption of the
plaintiff from payment of court fees.
5. In case of filing a claim by a person who has a legal right to apply to the
court in the interests of another person, it is necessary to indicate the
grounds for such application in the statement of claim.
6. The statement of claim may contain other information necessary for the
proper resolution of the dispute.
44. Statements on the merits in economic litigation.
Заяви по суті у господарському судочинстві.
When considering a case by a court in a lawsuit, the parties to the case set
out in writing their demands, objections, arguments, explanations and
considerations regarding the subject of the dispute by using them in
statements on the merits of the case, defined by the Economic Procedural
Code.
2. Statements on the merits of the case are: statement of claim; response to
the statement of claim (response); response to feedback; denial; explanation
of a third party regarding the claim or response.
3. The grounds, time and sequence of filing an application on the merits of
the case shall be initiated by this Code or by the court in the cases provided
for by this Code.
4. Submission of an application on the merits of the case is the right of the
parties to the case.
5. The court may allow a party to the case to submit an additional
explanation regarding a separate issue that arose during the case
consideration, if it deems it necessary.
45. Legal grounds for Leaving the claim without
consideration. Suspending and closure the proceeding
Правові підстави залишення позову без розгляду, зупинення та
закриття провадження у справі.
1. The court shall leave the claim without consideration if:
1) the claim is filed by a person who does not have procedural dispositive
legal capacity;
2) the statement of claim was not signed or was signed by a person who
does not have the right to sign it or by a person whose official position is
not specified;
3) in the proceedings of this or other court there is a case of a dispute
between the same parties, on the same subject and on the same grounds;
4) the plaintiff without reasonable excuse did not submit the evidence
required by the court necessary to resolve a dispute, or the plaintiff (their
representative) failed to appear in court or failed to notify of the reasons for
non-appearance, unless they filed an application for case consideration in
their absence does not preclude dispute resolution;
5) the plaintiff before the start of the case on the merits filed an application
to leave the claim without consideration;
6) the plaintiff within the period specified by the court did not contribute the
funds to secure the court costs of the defendant and the defendant filed an
application to leave the claim without consideration;
7) the parties entered into an agreement to transfer this dispute to arbitration
court or international commercial arbitration, and the objections to the
dispute resolved in commercial court were obtained from the defendant, no
later than the commencement of the case consideration on the merits, but
before they submitted the first statement on the merits of the dispute, unless
the court recognises that such agreement is invalid, expired or cannot be
executed;
8) the proceedings were opened on the application filed in violation of the
requirements set forth in Articles 162, 164 and 172, 173 of this Code and
the plaintiff did not eliminate these deficiencies within the period
established by the court;
9) a person with the civil procedural dispositive legal capacity, in whose
interests, in the cases established by law, proceedings have been opened on
the application of another person, does not agree with the stated
requirements and a corresponding application has been received from
him/her;
10) after the proceedings were opened, the court found that the plaintiff
filed another claim (claims) to the same court against the same defendant
(defendants) with the same subject matter and on the same grounds and in
respect of such claim (claims) at the time of resolving the issue of opening
of proceedings in the case under consideration; if a ruling to open or refuse
to open proceedings, return the statement of claim or leave the claim
without consideration is not adopted;
11) the parties have concluded an agreement on the transfer of a dispute to a
court of another state, if the right to enter into such an agreement is
provided by law or international treaty of Ukraine, unless the court finds
that such an agreement contradicts the law or international treaty of
Ukraine, is invalid, expired or cannot be executed.
2. A ruling shall be delivered to leave the claim without consideration, in
which the issues of distribution of court costs between the parties and return
of the court fee from the budget shall be resolved.
3. The ruling to leave the claim without consideration may be appealed.
4. A person whose claim has been left without consideration, after
eliminating the circumstances that were the basis for leaving the claim
without consideration, shall have the right to apply to the court again.
Article 227. Obligation of the court to suspend the proceedings
1. The court shall be obliged to suspend the proceedings in the case of:
1) death or declaration as dead of an individual who was a case party or a
third party with independent claims regarding the subject of the dispute if
the disputed legal relationship allows for legal succession;
2) the need to appoint or replace a legal representative of a case party;
3) the service of a party or a third party who declares independent claims on
the subject of the dispute, in the Armed Forces of Ukraine or other military
formations formed under the law, transferred to martial law status or
involved in an anti-terrorist operation;
4) adopting a decision on settlement of a dispute with the participation of a
judge;
5) the objective impossibility of considering this case before resolving
another case, which is considered in the order of constitutional proceedings,
administrative, civil, commercial or criminal proceedings, until the entry
into force of a judgment in another case; the court may not refer to the
objective impossibility of considering the case in the event when the
collected evidence allows to establish and assess the circumstances (facts)
that are the subject of the court consideration.
Article 231. Closing case proceedings
1. The commercial court shall close the proceedings if:
1) the dispute is not subject to resolution in commercial proceedings;
2) there is no subject of the dispute;
3) the court will establish the circumstances that are the basis for refusal to
initiate proceedings in the case in accordance with Paragraphs 2, 4, 5, Part
1, Article 175 of this Code, except as provided for in Part 2, Article 175 of
this Code;
4) the plaintiff waived the claim and the waiver was accepted by the court;
5) after the opening of proceedings in the case, the parties concluded an
agreement to transfer the dispute to international commercial arbitration or
arbitration court, unless the court finds that such an agreement is invalid,
has ceased to be effective or cannot be executed;
6) an individual who was one of the case parties is dead or recognised as
deceased, the same concerning the legal entity that has been liquidated, if
the disputed legal relationship does not allow for legal succession
7) the parties have concluded a settlement agreement and it has been
approved by a court.
2. If the proceedings are closed on the grounds specified in Paragraph 1,
Part 1 of this Article, the court must explain to the plaintiff about the court,
whose jurisdiction is subject to consideration of the case.
46. Legal grounds for return of the statement of claim.
Правові підстави повернення позовної заяви.
The judge shall also return the statement of claim and the documents
attached to it:
1) if the statement is submitted by a person without a procedural dispositive
legal capacity, is not signed or is signed by a person who is not entitled to
sign it, or by a person whose official position is not specified;
2) if the rules for combining claims have been violated (except in cases
where there are grounds for applying the provisions of Article 173 of this
Code);
3) if a statement on the dispute settlement or a statement on the withdrawal
of the statement of claim has been received before the ruling on the opening
of the procedure in case is approved;
4) if there are no grounds for a prosecutor to apply to a court in the interests
of the state or the grounds for a duly entitled person to apply to a court in
the interests of another person;
5) if the plaintiff filed another claim (claims) to the same court against the
same defendant (defendants) with the same subject and on the same grounds
and in respect of such claim (claims) at the time of resolving the issue of
opening of proceedings in the case under consideration; if a ruling to open
or refuse to open proceedings, return the statement of claim or leave the
claim without consideration is not adopted;
6) the application is not accompanied by evidence of taking measures of
pre-trial settlement of the dispute in the case when such measures are
mandatory under the law.
6. The judge shall return the statement of claim and the documents attached
hereto no later than five days from the date of its receipt or from the date of
expiration of the period for elimination of the deficiencies.
7. The court shall deliver a ruling on the return of the statement of claim,
which may be appealed. A copy of the statement of claim shall remain in
court.
In case of revocation of the ruling to return of the statement of claim and
referring the case for the further consideration, the court may not return the
statement of claim again.
8. The return of the statement of claim does not preclude repeated
application to the commercial court on general terms after the deficiencies
are eliminated.
9. In case of return of the statement of claim on the grounds provided for in
Paragraph 5, Part 5 of this Article, the court fee paid for filing the claim
shall not be refunded.
47. The legal grounds for refusal to open a proceeding.
Правові підстави відмови у відкритті провадження.
A judge shall refuse to open the proceedings if:
1) the application is not subject to consideration under the rules of
commercial proceedings;
2) there is an enforced judgment or ruling to close the proceedings between
the same parties, on the same subject and on the same grounds, or there is a
court order that has entered into force on the same requirements;
3) in the proceedings of this or other court there is a case of a dispute
between the same parties, on the same subject and on the same grounds;
4) there is a ruling of the arbitral court, international commercial arbitration,
delivered within its jurisdiction in Ukraine on a dispute between the same
parties on the same subject and on the same grounds, except for cases, in
which the court refused to issue a writ of execution for enforcement of such
a ruling;
5) there is a ruling of a court of a foreign state or the international
commercial arbitration recognised in Ukraine in the manner prescribed by
law regarding a dispute between the same parties, on the same subject and
on the same grounds;
6) an individual who has submitted a statement of claim or who was
submitted a statement of claim, is dead or recognised as deceased, the same
concerning a business entity that has been liquidated, if the disputed legal
relationship does not allow for legal succession.
2. The court shall have no right to refuse to initiate proceedings in cases
specified in Paragraphs 4, 5, Part 1 of this Article, if the relevant ruling of
the arbitration court, international commercial arbitration was revoked and
the case consideration in the same arbitration court, international
commercial arbitration was impossible.
3. The ruling to refuse to open the proceedings shall be adopted no later
than five days from the date of receipt of the statement. Such a ruling shall
be sent to the applicant no later than the next day after its issuance under the
procedure established by Article 242 of this Code.
4. The ruling to refuse to open proceedings in the case sent to the applicant
shall be accompanied by the claim materials. A copy of the statement of
claim shall remain in court.
5. The decision to refuse to open proceedings in the case may be appealed.
In case of revocation of this ruling, the statement of claim shall be
considered submitted on the day of the initial appeal to the court.
6. In case of refusing to open the proceedings on the grounds set forth in
Paragraph 1, Part 1 of this Article, the court shall explain to the applicant, to
whose jurisdiction the court has assigned the case.
 48. The legal order of the opening of economic litigation.
Objectives and terms of preparatory proceedings.
Правовий порядок відкриття господарського судочинства. Цілі та
умови підготовчого провадження.
If there are no grounds for leaving the statement of claim without motion,
return of the statement of claim or refusal to initiate proceedings, the court
shall open proceedings within five days from the date of receipt of the
statement of claim or statement on elimination of deficiencies filed under
Article 174 of this Code.
If the defendant is an individual who is not an entrepreneur, the court shall
initiate proceedings within five days from the date of receipt by the court in
the manner prescribed by Part 8 of this Article, of the information about the
legally registered place of residence (stay) of the individual who is the
defendant.
2. On acceptance of the statement of claim for consideration and opening of
proceedings, the court shall issue a ruling.
Preparatory court proceedings are a stage of the court process in which the
subject of the dispute, claims, objections to claims, the composition of the
participants in the court process, the resolution of objections, the nature of
disputed legal relations, and other actions that will serve for the correct and
unhindered consideration of the case on the merits are considered.
The tasks of the preparatory proceedings are:
1) final determination of the subject of the dispute and the nature of the
disputed legal relationship, claims and composition of the participants in the
legal process;
2) clarification of objections to claims;
3) determination of the circumstances of the case to be established and
collection of relevant evidence;
4) resolution of objections;
5) determining the order of consideration of the case;
6) taking other actions in order to ensure the correct, timely and unhindered
consideration of the case on its merits.
Preparatory proceedings begin with the opening of proceedings in the case
and end with the closing of the preparatory meeting.
49. The legal order of settlement of a dispute with the
participation of a judge in economic litigation.
Правовий порядок вирішення спору за участю судді в
господарському судочинстві.
Commercial courts consider cases in disputes that arise in connection with
the implementation of economic activity: 1) cases in disputes that arise
during the conclusion, change, termination and execution of transactions in
economic activity; 2) from corporate relations, including in disputes
between participants (founders, shareholders, members) of a legal entity; 3)
regarding the privatization of property; arising from transactions regarding
shares, shares, shares; 4) with respect to securities; with respect to the right
of ownership or other real right to property (movable and immovable,
including land) whose parties are legal entities and (or) natural persons -
entrepreneurs; 5) arising from relations related to the protection of
economic competition, restriction of monopolies in economic activity; 6)
bankruptcy cases; cases on applications for the issuance of a court order, if
the applicant and the debtor are a legal entity or an individual - an
entrepreneur.
All cases that are subject to resolution in the order of commercial
proceedings are considered by local commercial courts as courts of first
instance, except for cases 1) regarding the appeal of decisions of arbitration
courts, on the issuance of orders for the enforcement of decisions of
arbitration courts (by the appellate commercial court as a court of first
instance at the place of review cases by an arbitration court) and 2) on
intellectual property issues (High Court).
Cases in courts of first instance are considered by a judge alone, except for
the cases specified by this Code.
Commercial proceedings are carried out in the order:
1) injunctive proceedings, if the claims relate only to the collection of
monetary debt under a contract concluded in written (including electronic)
form, if the amount of the claim does not exceed one hundred amounts of
the subsistence minimum for able-bodied persons;
2) legal proceedings (general or simplified).
Chapter 4. Settlement of a dispute with the participation of a judge
Article 186. Grounds for settlement of a dispute with the participation of a
judge
1. Settlement of a dispute with the participation of a judge shall be carried
out with the consent of the parties prior to the commencement of the
proceedings on the merits.
2. Dispute settlement with the participation of a judge shall not be allowed
in disputes (cases):
1) on restoration of solvency of a debtor or their recognition as a bankrupt;
2) on approval of plans to financial recovery of the debtor before initiating
bankruptcy proceedings;
3) in case of the intervention in the case of a third party who declares
independent claims on the subject of the dispute.
Article 187. The procedure for appointing a settlement of a dispute with the
participation of a judge
1. The court shall issue a ruling on the procedure for settlement of a dispute
with the participation of a judge, which shall concurrently suspend the
proceedings in the case.
2. In case the parties do not reach a peaceful settlement of the dispute as a
result of the settlement of the dispute, the repeated settlement of the dispute
with the participation of a judge shall not be allowed.
Article 188. Procedure for settlement of a dispute with the participation of a
judge
1. Settlement of a dispute with the participation of a judge shall be carried
out by the judge-rapporteur alone, regardless of the composition, in which
the case is considered.
2. Settlement of a dispute with the participation of a judge shall be carried
out in the form of joint and (or) closed meetings. The parties shall have the
right to participate in such meetings by videoconference in the manner
prescribed by this Code.
Joint meetings shall be held with the participation of all parties, their
representatives and judges.
Closed meetings shall be held at the initiative of the judge with each of the
parties separately.
3. The judge shall direct the settlement of the dispute with the participation
of the judge in order for the parties to reach a settlement of the dispute.
Taking into account the specific circumstances of the meeting, the judge
may announce a break within the settlement period.
4. At the beginning of the first joint meeting on settlement of a dispute the
judge shall explain to the parties the purpose, procedure for the settlement
of the dispute with the participation of the judge, the rights and obligations
of the parties.
5. During the joint meetings, the judge shall clarify the grounds and subject
of the claim, the grounds for objections, explain to the parties the subject of
proof in the category of dispute under consideration, invite the parties to
make proposals for peaceful settlement of disputes and take other actions
aimed at peaceful settlement of the dispute by the parties. The judge may
suggest to the parties a possible way of peaceful dispute settlement.
6. During closed meetings, the judge shall have the right to draw the party's
attention to the case law in similar disputes, to offer the party possible ways
of peaceful dispute settlement.
7. During the settlement of the dispute, the judge shall have no right to 3. On termination of settlement of a dispute with the participation of a judge
provide legal advice and recommendations to the parties, to assess the on the grounds provided for in Paragraph 1, Part 1 of this Article, the judge
evidence in the case. shall issue a ruling no later than the next working day after receipt of the
relevant application from the party, and on the grounds provided for in
8. The information received by either party as well as by the judge during
Paragraph 2 of the same part, the judge shall issue a ruling no later than the
the settlement of the dispute shall be confidential. During the settlement of a
next day from the day when the period for settlement of a dispute with the
dispute with the participation of a judge, the minutes of the hearing shall not
participation of a judge expires.
be kept and shall not be recorded by technical means.
4. In the event that the settlement of a dispute with the participation of a
9. If necessary, an interpreter may be involved in the hearing. The
judge is terminated on the grounds provided for in Paragraphs 1–3, Part 1 of
interpreter shall be warned about the confidentiality of the information
this Article, the case shall be transferred to another judge, determined
obtained during the settlement of the dispute with the participation of a
under Article 33 of this Code.
judge.
Article 190. Period for settlement of a dispute with the participation of a
10. During the settlement of a dispute with the participation of a judge, it
judge
shall be prohibited to use portable audio devices, as well as to take photo
and film, video and sound recordings. 1. The settlement of a dispute with the participation of a judge shall be
carried out within a reasonable period, but not longer than thirty days from
Article 189. Termination of settlement of a dispute with the participation of
the date of the ruling thereof.
a judge
2. The period for settlement of a dispute with the participation of a judge
1. The settlement of a dispute with the participation of a judge shall be
may not be extended.
terminated:
1) in the event that a party submits an application for termination of
settlement of a dispute with the participation of a judge;
50. Refusal of the plaintiff from the claim. Acknowledging of
2) in case if the period for settlement of a dispute with the participation of a
the claim by the defendant. Settlement (amicable) agreement
judge expires;
of the parties.
3) at the initiative of the judge in case of delay in settlement of a dispute by
any of the parties; Відмова позивача від позову. Визнання позову відповідачем.
4) in case of concluding a settlement agreement by the parties and applying Мирова (мирова) угода сторін.
to the court with a statement of its approval or the plaintiff's application to Chapter 5. Plaintiff's withdrawal of a claim. Settlement agreement of
the court to leave the statement of claim without consideration, or in case the parties
the plaintiff refuses the claim or the defendant recognises the claim.
Article 191. Plaintiff's withdrawal of a claim, defendant's recognition of a
2. A ruling on the termination of settlement of a dispute with the claim
participation of a judge shall be issued, which shall not be subject to appeal.
Concurrently, the judge shall resolve the issue on the resumption of 1. The plaintiff may withdraw a claim, and the defendant may recognise a
proceedings. claim at any stage of the proceedings, having recorded this in the statement
on the merits of the case or in a separate written statement.
2. Before adoption of a judgment in connection with the plaintiff's waiver of
a claim or the defendant's recognition of a claim, the court shall explain to
the parties the consequences of the relevant procedural actions, check
whether the relevant party's representative is limited in their powers to
perform these actions.
3. If the plaintiff rejects the claim, the court shall issue a ruling to close the
proceedings.
4. If the defendant recognises the claim upon the due legal grounds, the
court shall adopt a judgment to satisfy the claim. If the defendant's
recognition of the claim contradicts the law or violates the rights or interests
of others, the court shall adopt a ruling to refuse to accept the defendant's
recognition of the claim and shall continue the trial.
5. The court shall not accept the plaintiff's waiver of a claim, defendant's
recognition of a claim in the case where the person is represented by his/her
legal representative, if his/her actions are contrary to the interests of the
person he/she represents.
Article 192. Settlement agreement of the parties
1. A settlement agreement shall be concluded by the parties for the purpose
of settlement a dispute on the basis of mutual concessions and shall concern
only the rights and obligations of the parties. In a settlement agreement, the
parties may go beyond the subject of the dispute, provided that the
settlement agreement does not violate the rights or legally protected
interests of third parties.
2. The parties may conclude a settlement agreement and notify the court
thereof by making a joint written statement at any stage of the proceedings.
3. Before adoption of a judgment in connection with the conclusion of a
statement agreement by the parties, the court shall explain to the parties the
consequences of such a judgment, check whether the representatives of the
parties are limited in their powers to take appropriate actions.
4. The statement concluded by the parties shall be approved by a court
ruling, the operative part of which shall specify the terms of settlement
agreement. Approving the settlement agreement, the court shall
concurrently close the proceedings by the same decision.
5. The court shall issue a ruling on a refusal to approve the settlement
agreement and shall continue the judicial proceedings if:
1) the terms of the settlement agreement contradict the law or violate the
rights or legally protected interests of others, are unenforceable; or
2) one of the parties to settlement agreement is represented by his/her legal
representative, whose actions are contrary to the interests of the person
he/she represents.
Article 193. Enforcement of the settlement agreement
1. Enforcement of the settlement agreement shall be carried out by the
persons who concluded it, in the order and in the terms provided for by this
agreement.
2. The ruling on approval of the settlement agreement is an executive
document and shall meet the requirements for the executive document
established by the Law of Ukraine “On Enforcement Proceedings”.
3. In case of non-enforcement of the settlement agreement approved by the
court, the court ruling on approval of the settlement agreement may be
submitted for its enforcement in the manner prescribed by law for the
enforcement of judgments.
51. Resignation of a claim without consideration. Stopping
and closing the proceedings.
Залишення позову без розгляду. Зупинення та закриття
провадження у справі.
Chapter 8. Leaving the claim without consideration. Suspension and
closure of proceedings
Article 226. Leaving the claim without consideration
1. The court shall leave the claim without consideration if:
1) the claim is filed by a person who does not have procedural dispositive
legal capacity;
2) the statement of claim was not signed or was signed by a person who
does not have the right to sign it or by a person whose official position is
not specified;
3) in the proceedings of this or other court there is a case of a dispute
between the same parties, on the same subject and on the same grounds;
4) the plaintiff without reasonable excuse did not submit the evidence
required by the court necessary to resolve a dispute, or the plaintiff (their
representative) failed to appear in court or failed to notify of the reasons for
non-appearance, unless they filed an application for case consideration in
their absence does not preclude dispute resolution;
5) the plaintiff before the start of the case on the merits filed an application
to leave the claim without consideration;
6) the plaintiff within the period specified by the court did not contribute the
funds to secure the court costs of the defendant and the defendant filed an
application to leave the claim without consideration;
7) the parties entered into an agreement to transfer this dispute to arbitration
court or international commercial arbitration, and the objections to the
dispute resolved in commercial court were obtained from the defendant, no
later than the commencement of the case consideration on the merits, but
before they submitted the first statement on the merits of the dispute, unless
the court recognises that such agreement is invalid, expired or cannot be
executed;
8) the proceedings were opened on the application filed in violation of the
requirements set forth in Articles 162, 164 and 172, 173 of this Code and
the plaintiff did not eliminate these deficiencies within the period
established by the court;
9) a person with the civil procedural dispositive legal capacity, in whose
interests, in the cases established by law, proceedings have been opened on
the application of another person, does not agree with the stated
requirements and a corresponding application has been received from
him/her;
10) after the proceedings were opened, the court found that the plaintiff
filed another claim (claims) to the same court against the same defendant
(defendants) with the same subject matter and on the same grounds and in
respect of such claim (claims) at the time of resolving the issue of opening
of proceedings in the case under consideration; if a ruling to open or refuse
to open proceedings, return the statement of claim or leave the claim
without consideration is not adopted;
11) the parties have concluded an agreement on the transfer of a dispute to a
court of another state, if the right to enter into such an agreement is
provided by law or international treaty of Ukraine, unless the court finds
that such an agreement contradicts the law or international treaty of
Ukraine, is invalid, expired or cannot be executed.
2. A ruling shall be delivered to leave the claim without consideration, in
which the issues of distribution of court costs between the parties and return
of the court fee from the budget shall be resolved.
3. The ruling to leave the claim without consideration may be appealed.
4. A person whose claim has been left without consideration, after
eliminating the circumstances that were the basis for leaving the claim
without consideration, shall have the right to apply to the court again.
Article 227. Obligation of the court to suspend the proceedings
1. The court shall be obliged to suspend the proceedings in the case of:
1) death or declaration as dead of an individual who was a case party or a
third party with independent claims regarding the subject of the dispute if
the disputed legal relationship allows for legal succession;
2) the need to appoint or replace a legal representative of a case party;
3) the service of a party or a third party who declares independent claims on
the subject of the dispute, in the Armed Forces of Ukraine or other military
formations formed under the law, transferred to martial law status or
involved in an anti-terrorist operation;
4) adopting a decision on settlement of a dispute with the participation of a
judge;
5) the objective impossibility of considering this case before resolving
another case, which is considered in the order of constitutional proceedings,
administrative, civil, commercial or criminal proceedings, until the entry
into force of a judgment in another case; the court may not refer to the
objective impossibility of considering the case in the event when the
collected evidence allows to establish and assess the circumstances (facts)
that are the subject of the court consideration.
2. The court shall deliver a ruling on the issues specified in this Article.
Article 228. The right of the court to suspend the proceedings
1. The court may, at the request of a party to the case, as well as on its own
initiative, suspend the proceedings in the following cases:
1) alternative (non-military) service of the case party not at the place of
residence, or the compulsory military service;
2) appointment of expert examination by the court;
3) sending a court order to collect evidence according to the procedure
established by Article 84 of this Code;
4) application with a court order for the provision of legal aid or service of a
summons to court or other documents to a foreign court or other competent
authority of a foreign state;
6) adoption of a decision on temporary seizure of evidence by the state
executor for examination by a court;
7) review of a judgment in a similar legal relationship (in another case) in
cassation by a chamber, a joint chamber, the Grand Chamber of the
Supreme Court.
2. The court shall not suspend the proceedings in the case established by
Paragraph 1, Part 1 of this Article, if the absent party conducts the case
through his/her representative.
3. The court shall deliver a ruling on the issues specified in this Article.
Article 229. Period for suspension of the proceedings
1. Proceedings in the case shall be suspended in the cases stipulated in:
1) Paragraphs 1, 2, Part 1 of Article 227 of this Code, to involve a successor
or legal representative in the case;
2) Paragraph 3, Part 1 of Article 227 of this Code, until the termination of
the service of a party or a third party who declares independent claims on
the subject of the dispute, in the Armed Forces of Ukraine or other military
formations formed under the law, transferred to martial law status or
involved in an anti-terrorist operation;
3) Paragraph 4, Part 1 of Article 227 of this Code, until the termination of
the settlement of the dispute with the participation of a judge;
4) Paragraphs 5, Part 1 of Article 227 of this Code, until the entry into force
of a judgment on which the resolution of the case depends;
5) Paragraph 1, Part 1 of Article 228 of this Code, until the termination of
the alternative (non-military) service outside the place of residence or
military service;
6) Paragraph 2, Part 1 of Article 228 of this Code, for the period of the
examination;
7) Paragraph 3, Part 1 of Article 228 of this Code, until the receipt of the
court response to the order on collection of evidence;
8) Paragraph 4, Part 1 of Article 228 of this Code, before receiving a
response from a foreign court or other competent authority of a foreign state
to the court order for legal aid, summons to court or other documents;
10) Paragraph 6, Part 1 of Article 228 of this Code, until the end of
enforcement proceedings for the seizure of evidence for examination by the
court;
11) Paragraph 7, Part 1 of Article 228 of this Code, until the end of the
review in cassation.
Article 230. Resumption of proceedings
1. Proceedings in the case shall be resumed at the request of the case parties
or at the initiative of the court no later than ten days from the date of receipt
by the court of the notice of elimination of the circumstances that caused its
suspension. The court shall issue a ruling on the resumption of proceedings
in the case.
2. From the day of resumption of proceedings in the case the course of
procedural period shall continue.
3. The proceedings shall continue from the stage at which they were
suspended.
Article 231. Closing case proceedings
1. The commercial court shall close the proceedings if:
1) the dispute is not subject to resolution in commercial proceedings;
2) there is no subject of the dispute;
3) the court will establish the circumstances that are the basis for refusal to
initiate proceedings in the case in accordance with Paragraphs 2, 4, 5, Part
1, Article 175 of this Code, except as provided for in Part 2, Article 175 of
this Code;
4) the plaintiff waived the claim and the waiver was accepted by the court;
5) after the opening of proceedings in the case, the parties concluded an
agreement to transfer the dispute to international commercial arbitration or
arbitration court, unless the court finds that such an agreement is invalid,
has ceased to be effective or cannot be executed;
6) an individual who was one of the case parties is dead or recognised as
deceased, the same concerning the legal entity that has been liquidated, if
the disputed legal relationship does not allow for legal succession.
7) the parties have concluded a settlement agreement and it has been
approved by a court.
2. If the proceedings are closed on the grounds specified in Paragraph 1,
Part 1 of this Article, the court must explain to the plaintiff about the court,
whose jurisdiction is subject to consideration of the case. The court of
appeal or court of cassation must also explain to the plaintiff that he/she
shall have the right to refer the case to the established jurisdiction, except in
cases of combining several claims into one proceeding that are subject to
consideration under different proceedings, within ten days from the date of
receipt of the relevant resolution to apply to the court The application shall
be submitted to the court that adopted the decision to close the proceedings.
If the court receives a case to be resolved in a commercial proceeding, after
the closure of the proceedings by the Supreme Court or the court of appeal
in commercial or administrative proceedings, the case proceedings may not
be closed on the grounds established by Paragraph 1, Part 1 of this Article.
3. In case of closure of the case proceedings, repeated appeal to the court
regarding a dispute between the same parties, on the same subject and on
the same grounds shall not be allowed. The existence of a ruling to close the
proceedings in connection with the acceptance of the plaintiff's waiver of
the claim shall not deprive the defendant in this case of the refer to a court
to resolve this dispute.
4. The court shall deliver a ruling on the closure of the case proceedings, as
well as decide on the distribution of court costs between the parties, the
return of the court fee from the budget.
5. The court ruling to close the proceedings may be appealed.
52. Consideration of the case on the merits.
Розгляд справи по суті.
Chapter 6. Consideration of the case on the merits
§ 1. General provisions
Article 194. The task of consideration of the case on the merits
1. The task of consideration of the case on the merits is to consider and
resolve the dispute by virtue of the materials collected in the preparatory
proceedings, as well as to distribute the court costs.
Article 195. Period for consideration of the case on the merits
1. The court shall begin consideration of the case on the merits no later than
sixty days from the date of opening the proceedings, and in case of
extension of the period of preparatory proceedings, the court shall begin
consideration no later than the next day from the date of expiration of such
period.
2. The court shall consider the case on the merits within thirty days from the
date of commencement of the hearing on the merits.
3. Proceedings in the case at the stage of its consideration on the merits
shall be suspended only on the grounds established by Paragraphs 1–3, Part
1, Article 227 and Paragraph 1, Part 1, Article 228 of this Code.
Article 196. Court hearing
1. Consideration of a case shall take place in a court hearing.
2. The court shall notify the case parties about the place, date and time of
the court hearing.
3. The case party shall have the right to apply a petition for consideration of
the case in his/her absence. If such a request is made by all case parties, the
consideration of a case shall be carried out on the basis of materials
available to the court.
4. The court hearing shall be held in a specially equipped room – the
courtroom. Individual procedural actions may be taken outside the
courtroom if necessary.
5. During the consideration of the a on the merits, the court shall promote
the reconciliation of the parties.
Article 197. Participation in the court hearing by videoconference
1. The case parties shall have the right to participate in the court hearing by
videoconference outside the courtroom, provided that the court has the
appropriate technical capability, to be indicated by the court in a ruling to
open proceedings, except when the appearance of the case party to the court
hearing is recognised by the court as mandatory.
2. The case party shall submit an application for participation in the court
hearing by videoconference outside the courtroom not later than five days
before the court hearing. A copy of the application shall be sent to the other
case parties within the same period.
3. The case parties shall participate in the court hearing by videoconference
outside the courtroom using their own technical means and electronic digital
signature under the requirements of the Regulations on the Unified Judicial
Information and Telecommunication System.
4. During the quarantine established by the Cabinet of Ministers of Ukraine
to prevent the spread of coronavirus disease (COVID-19), the parties may
participate in the hearing by videoconference outside the courtroom using
their own technical means. The identity of the case party shall be verified by
means of an electronic signature, and if the person does not have such a
signature, it shall be verified in the manner prescribed by the Law of
Ukraine “On the Unified State Demographic Register and Documents
Confirming Citizenship of Ukraine, Identity or Special Status” or the State
Judicial Administration of Ukraine.
5. The risks of technical impossibility to participate in the videoconference
outside the courtroom, interruption of communication, etc. shall be borne by
the case party who submitted the relevant application.
6. The court may decide on the participation of a case party in a court
hearing by videoconference in the courtroom designated by the court.
7. A witness, an interpreter, a specialist, an expert may participate in a court
hearing by videoconference only in the courtroom.
8. The petition on participation in a court hearing by videoconference in a
courtroom must contain information on the court where this hearing will
take place. Such a petition may be filed no later than five days before the
relevant court hearing.
9. A copy of the ruling on the participation of a person in a court hearing by
videoconference in the courtroom shall be immediately sent to the court,
which shall organise its execution, and to the person who will participate in
the court hearing by videoconference.
10. The court providing the videoconference shall check the attendance and
identify the persons who appeared, as well as verify the representatives'
powers.
11. The technical means and technologies used by the court and the
participants in the judicial proceedings must ensure the proper quality of the
image and sound, as well as information security. Trial participants should
be able to hear and see the progress of the trial, ask questions and receive
answers, and exercise other procedural rights and responsibilities.
12. The court considering the case shall record the videoconference in
which the case parties participate, by means of technical means of video and
audio recording. Video and audio recording of the videoconference shall be
stored in the case files.
Article 198. Judge presiding in court session
1. In the one-person judicial proceedings, the judge hearing the case shall
preside over the court hearing.
2. In the considering the case by a panel of judges, the presiding judge in
the court hearing shall be the judge-rapporteur appointed by the Unified
Judicial Information and Telecommunication System during the case
distribution.
3. The presiding judge shall, in accordance with the task of commercial
proceedings, direct the course of the court hearing, ensure observance of the
sequence and order of procedural actions, exercise of procedural rights and
performance of duties by the trial participants, direct the trial to ensure full,
comprehensive and objective clarification of the case circumstances,
removing from the trial everything that is not essential for resolving the
case.
4. The presiding judge shall take the necessary measures to ensure proper
order in the court hearing with observance of the rights of the trial
participants.
5. The presiding judge shall consider complaints against the actions or
omissions of the court administrator regarding the performance of their
duties, which shall be reflected in the court hearing minutes.
Article 199. Appeal to the court in a court hearing
1. The trial participants, as well as other persons present at the court
hearing, shall address the court with the words “Your Honour”.
Article 200. Court hearing procedure
1. Persons present in the courtroom shall stand up when the court enters and
leaves. All persons present in the courtroom shall hear the judgment
standing up. Trial participants and other persons present in the courtroom
shall address the court and each other, provide explanations, testimony,
conclusions, consultations, etc. standing up.
2. Derogation from the requirements established by Part 1 of this Article
shall be allowed with the presiding judge's permission.
3. Trial participants, as well as other persons present in the courtroom, shall
be obliged to execute the presiding judge's instructions, to comply with the
established procedure in the court hearing and to refrain from any actions
indicating obvious contempt of court or the rules established in court.
4. Guilty persons shall be held liable for contempt of court.
The issue of bringing a party to the case or another person present in the
courtroom to justice for contempt of court shall be decided by the court
immediately after commiting the offence, for which a break is announced in
the court hearing or after the court hearing ends.
5. The case parties shall transfer documents and other materials to the
presiding judge through the court administrator.
/////////////////////////////Не знаю чи треба//////////////////////////////////////////
§ 2. Opening of consideration of the case on the merits
Article 201. Opening a court session
1. At the time allotted for the consideration of the case, the presiding judge
shall open the court hearing and announce the case to be considered.
2. The court secretary shall report to the court, who of the trial participants
appeared in court, which of the trial participants take part in the court
hearing by videoconference, and whether the trial participants, who did not
appear, were notified of the date, time and the place of the court hearing in
the manner prescribed by this Code.
3. Consideration of the case on the merits shall begin when a presiding
judge announces the court hearing opened.
4. The presiding judge shall identify the persons who take part in the court
hearing, as well as verify the representatives' powers.
Article 202. Consequences of non-appearance at the court hearing of the
case party
1. Non-appearance at a court hearing of any case party, provided that he/she
has been duly notified of the date, time and place of that hearing, shall not
preclude consideration of the case on the merits, except as provided in this
Article.
2. The court shall postpone the consideration of the case in a court hearing
within the period established by this Code on the following grounds:
1) non-appearance at the court hearing of the case party, in respect of which
there is no information about the delivery of the ruling with the notification
on the date, time and venue of the court hearing;
2) the first non-appearance at the court hearing of the case party, who was
notified of the date, time and place of the court hearing, if he/she reported
the reasons for non-appearance, recognised valid by the court;
3) technical issues that make it impossible for a person to participate in a
court hearing by videoconference, except in cases where, according to this
Code, a court hearing may take place without the participation of such a
person;
4) the need to request for new evidence, in the event that the case party has
justified the impossibility of filing a petition within the scope of preparatory
proceedings.
3. If a case party or his/her representative has been duly notified of the
hearing, the court shall hear the case in the absence of such a case party due
to the following:
1) case party's non-appearance at the court hearing (his/her representative)
without reasonable excuses or without communicating the reasons for non-
appearance;
2) repeated non-appearance at the court hearing of the case party (their
representative), regardless of the reasons for non-appearance;
3) non-appearance of the representative at the court hearing, if the person
he/she represents or another his/her representative appeared at the court
hearing;
4) non-appearance of the case party at the court hearing, if his/her
representative appeared, except in cases when the court recognised the case
party's appearance mandatory.
4. In case of non-appearance of the plaintiff at the court hearing without a
reasonable excuse or their failure to notify of the reasons for non-
appearance, the court shall leave the statement of claim without
consideration, unless a statement of consideration of the case in their
absence from the plaintiff has been received, and his/her absence does not
preclude dispute resolution.
5. The consequences specified in Parts 3 and 4 of this Article shall also
commence if the case party (his/her representative) leaves the courtroom.
6. If the case is considered in the absence of the plaintiff or the defendant,
the judge-rapporteur shall announce the summary of the statement of claim
or defence, respectively.
7. If the consideration of the case is postponed, the court shall interrogate
the witnesses who appeared. Witnesses shall not be interrogated and shall
be summoned again only in exceptional cases subject to the court ruling.
8. A postponement of the case consideration shall be subject to a ruling.
Article 203. Consequences of non-appearance of a witness, expert,
specialist, interpreter in court
1. In case of non-appearance of a witness, expert, specialist, interpreter in
court, the court shall hear the opinion of the parties on the possibility of
consideration of the case in the absence of a witness, expert, specialist,
interpreter who did not appear, and decide to continue or postpone the
consideration of the case. Concurrently, the court shall resolve the issue on
reliability of person who did not appear.
Article 204. Announcement of the court composition
1. The presiding judge announces the court composition, as well as the
names of the interpreter, specialist, secretary of the court hearing.
Article 205. Clarification of rights and obligations
1. At the request of a case party, the presiding judge shall explain to them
the rights and obligations, except in cases where the case party is
represented by a lawyer.
Article 206. Exclusion of witnesses from the courtroom
1. Witnesses shall be excluded from the courtroom to the premises set aside
for this purpose without being able to get acquainted with the course of the
court hearing.
2. The court administrator shall take measures to ensure that witnesses
interrogated by the court do not communicate with those who have not yet
been interrogated by the court.
Article 207. Consideration of statements and petitions
1. The presiding judge shall find out whether the case parties have
statements and petitions related to the consideration of the case, which were
not filed for valid reasons in the preparatory proceedings or within another
period determined by the court, and shall address them after other present
case parties in a court hearing express their opinion.
2. The court shall leave without consideration statements and petitions
which have not been filed in the preparatory proceedings or within another
term determined by the court against a reasonable excuse.
§ 3. Clarification of the case circumstances and examination of evidence
Article 208. Opening address of the case parties
1. The court shall hear the opening address of the plaintiff and the third
party by the plaintiff's side, the defendant and the third party by the
defendant's side, as well as other case parties.
2. In the opening address, the case parties shall orally summarise the content
and grounds of their claims and objections to the subject of the claim,
provide the necessary explanations thereto.
3. If together with a party or a third party their representatives are involved
in the case, the court shall hear their representatives after the party or third
party. Upon the petition of a party or a third party, only a representative
may proclaim an opening address.
4. The case parties may ask questions to each other in the order determined
by the presiding judge and with their permission.
5. The presiding judge may, on his/her own initiative or at the oral petition
of a case party, withdraw issues that do not relate to the subject of the
dispute, and ask questions to the trial participant.
6. If the trial participants are vague or it is not possible to conclude from
their words whether they acknowledge the circumstances or object to them,
the court may require these persons to give a specific answer – “yes” or
“no”.
Article 209. Procedure for clarification of the case circumstances and
examination of evidence
1. Having heard the case parties' opening addresses, the court shall clarify
the circumstances to which the parties refer as the basis of their claims and
objections, and examine the evidence on which they are based, in the
manner prescribed by the preparatory hearing in the case.
2. Taking into account the content of the disputed legal relationship, the
case circumstances and the collected case evidence, the court may change
the procedure for clarification of the case circumstances and examination of
evidence during consideration of the case on the merits, subject to a record
in the minutes of the court hearing.
Article 210. Examination of evidence
1. During the consideration of the case the court must directly examine the
case evidence: read the written and electronic evidence, expert opinions,
explanations of the parties, set out in statements on the merits, testimony of
witnesses, as well as to examine the evidence.
2. Evidence that was not the subject of the examination at the court hearing
may not be used by the court as the basis for the judgment.
3. Written, physical and electronic evidence shall be examined in court,
except as provided by this Code, and presented to the case parties at their
request, and also to witnesses, experts, specialists, if necessary.
4. The case parties may give their explanations regarding written, material
and electronic evidence or protocols of their investigation, ask questions to
the experts. The first person to ask a question shall be the person at whose
petition the expert was summoned.
Article 211. The procedure for interrogation of witnesses
1. A witness shall be interrogated only by a court ruling in the cases
established by this Code. Each witness shall be interrogated individually.
2. Witnesses who have not yet testified may not be present in the courtroom
during the court consideration.
3. Before interrogating a witness, the presiding judge shall establish their
identity and warn them of criminal liability for knowingly false testimony
and refusal to testify.
4. When interrogating a witness, the person on whose application the
witness was summoned shall ask the question first, followed by the other
case parties in the order established by Parts 1 and 3, Article 208 of this
Code.
5. The presiding judge and other judges may ask questions to the witness at
any time during his/her interrogation.
6. The presiding judge and other judges shall have the right to clarify the
essence of the witness's answer to the case parties' questions, as well as to
ask questions to the witness after the end of his/her interrogation by the case
parties.
7. The presiding judge shall have the right, at the case party's request, to
withdraw the questions asked to the witness, if they are insulting the honour
or dignity of a person, are suggestive or do not relate to the subject of the
dispute.
8. Each interrogated witness shall remain in the courtroom until the end of
the consideration. The court may allow the interrogated witnesses to leave
the courtroom until the end of the consideration with the consent of the
parties.
9. A witness may be interrogated repeatedly or simultaneously with another
witness to determine the reasons for the discrepancy between their
testimony and the testimony of other witnesses.
10. A witness who is unable to appear in court due to illness, old age,
disability or other reasonable excuse shall be interrogated by the court at
his/her place of residence (stay).
Article 212. The use of written records by a witness
1. While giving testimony, the witness may use written records only if
his/her testimony is related to any calculations and other data that are
difficult to remember. These records shall be submitted to the court and the
case parties and may be attached to the case by a court ruling.
Article 213. Interrogation of parties, third parties, their representatives as
witnesses
1. A case party (their representative) may be interrogated as a witness in
accordance with Articles 211, 212 of this Code if the circumstances stated
by them in the witness statement contradict other evidence or cause doubts
in court regarding their accuracy.
Article 214. Examination of written expert conclusion
1. The expert conclusion at the request of the case party shall be announced
in the court during the examination of written evidence. The court may
announce only a summary of the expert conclusion.
2. The case parties may provide their explanations regarding the expert
conclusion.
Article 215. Consultations and explanations of the specialist
1. During the examination of evidence, the court may use oral consultations
or written explanations (conclusions) of specialists.
2. The specialist may be asked questions on the merits of the oral
consultations or written explanations provided. The person, at whose
request the specialist is involved, and their representative shall ask the
questions first, followed by the other case parties. If the specialist is
involved at the request of both parties or at the initiative of the court, the
plaintiff and (or) their representative shall ask the specialist first.
3. The court shall have the right to clarify the essence of the specialist's
answer to the case parties' questions, as well as to ask the questions to the
specialist after the case parties asked questions to them.
4. The explanations set out in writing and signed by the specialist shall be
attached to the case file.
Article 216. Postponement of the case consideration or a break in the court
hearing
1. The court shall postpone the case consideration in the events established
by Part 2 of Article 202 of this Code.
2. If the dispute under consideration on the merits cannot be resolved at the
court hearing, a court may announce a break for the period established by
this Code for consideration of the case, the duration of which shall be
determined in view of the circumstances that caused it, with a next note
thereof in the judgment or the ruling.
3. The court shall notify the case parties, witnesses, experts, specialists,
interpreters who were present at the court hearing on the postponement of
the case consideration or a break in a court hearing against a receipt. The
case parties, witnesses, experts, specialists, interpreters who have not
arrived or who are involved in the trial for the first time by the court shall be
notified of the court hearing by the rulings.
4. If the consideration of the case is postponed, the court shall interrogate
the witnesses who appeared. Witnesses shall not be interrogated and shall
be summoned again only in exceptional cases subject to the court ruling.
5. If the consideration of the case is postponed, the court shall continue the
proceedings from the stage at which the hearing was postponed. In the event
that the consideration of the case is postponed during its consideration on
the merits, the court may begin consideration of the case on the merits from
the beginning.
6. If a break has been announced at the court hearing, the proceedings in the
case shall be resumed from the stage at which the break was announced.
Article 217. End of ascertaining circumstances and their verification with
evidence
1. The court shall note the completion of clarifying the circumstances and
verifying them with evidence in the minutes of the court hearing and shall
proceed to the court debate.
§ 4. Judicial debate and adoption of a judgment
Article 218. Pleadings
1. In judicial debates, the case parties shall deliver speeches (closing
address). In these speeches, they may reference only to the circumstances
and evidence examined at the hearing.
2. In the debate, the participant speaks independently or appoints one
representative to speak.
3. The procedure, duration of judicial debate and the order of speeches of
the case parties shall be determined by the presiding judge based on the
reasonably necessary time for the case parties to present their position on
the case. With the permission of the court, the speakers may exchange
remarks. The right of a closing remark shall always belong to the defendant
and his/her representative.
Article 219. Leave of the court for adoption of a judgment
1. After the judicial debate, the court shall leave to the deliberation room (a
room that is specially equipped for adoption of judgments) to adopt a
decision, having announced the approximate time of its announcement.
Article 220. Secrecy in deliberation room
1. No one shall have the right to be present in the deliberation room during
the adoption of a judgment, except the judges hearing the case.
2. While being in the deliberation room, a judge shall not have the right to
consider other court cases.
3. Judges shall not have the right to disclose the progress of the discussion
and adoption of a judgment in the deliberation room.
Article 221. Adoption of a judgment on the court costs
1. If a party cannot provide evidence confirming the amount of court costs
incurred before the end of the judicial debate in the case due to a reasonable
excuse, the court on the application of such a party filed before the end of
the judicial debate in the case may resolve an issue on court costs after the
decision on the merits of the claims has been adopted.
2. To resolve the issue of court costs, the court shall appoint a court hearing,
which shall be held no later than fifteen days from the date when the
decision on the merits of the claims has been adopted.
3. In the case specified in Part 2 of this Article, the court shall make an
additional decision in the manner prescribed by Article 244 of this Code.
Chapter 7. Trial recording
Article 222. Recording of the court hearing by technical means
1. During the court hearing of the case the court shall make a full recording
of the court hearing by means of video and (or) sound recording equipment
in the manner prescribed by the Regulations on the Unified Judicial
Information and Telecommunication System.
If there are objections from any of the trial participants against the full
recording of the court hearing with the help of video recording equipment,
such recording shall be carried out only by means of audio recording
equipment.
2. The court hearing shall be recorded by technical means by a secretary of
the court hearing.
3. In case of non-appearance of all case parties or if under the provisions of
this Code, the case is considered by the court in the absence of the parties,
the trial shall not be recorded by technical means.
4. Full or partial reproduction of the technical record of the court hearing
shall be carried out at the request of the case party, or at the initiative of the
court.
5. Technical record of the court hearing shall constitute an appendix to the
minutes of the court hearing and after the end of the court hearing it shall be
attached to the case files.
6. The case party shall have the right to receive a copy of the technical
record of the trial.
7. The amount of the court fee for a copy of the technical record of the court
hearing in electronic form shall be established by law.
Article 223. Minutes of the court hearing
1. At a court hearing, the secretary of the court hearing shall keep the
minutes of the court hearing, except for the cases provided for by this Code.
2. The minutes of the court hearing shall contain the following information:
1) year, month, date and place of the court hearing;
2) the name of the court hearing the case, the surname and initials of the
judge, the secretary of the court hearing;
3) the case under consideration, names (titles) of the parties and other case
parties;
4) serial number of the procedural action;
5) name of the procedural action;
6) time of the procedural action;
7) court rulings issued at the court hearing without going to the deliberation
room;
8) other information specified by this Code.
3. The minutes of the court hearing shall be kept by the secretary of the
court hearing and shall be signed by them immediately, but not later than
the next day after the court hearing and shall be attached to the case.
Article 224. Remarks on the technical record of the court hearing, the
minutes of the court hearing and their consideration
1. The case parties shall have the right to review the technical record of the
trial, the minutes of the court hearing and within five days from the date of
signing the minutes in the case to submit to the court written comments on
incompleteness or inaccuracy of the technical record or information
contained in the minutes.
2. The court shall consider the comments on the technical record of the trial
and the minutes of the court hearing no later than five days from the date of
their submission and, based on the results of the review, shall deliver a
ruling that takes into account the comments or rejects them.
3. In case of failure to submit the comments within the set period, and if
there are no grounds for its renewal, the court shall leave them without
consideration.
Article 225. The procedure for drawing up and execution of the minutes of
committing an individual procedural action
1. During the commission of an individual procedural action outside the
court hearing, the minutes shall be drawn up. Technical means can be used
for its compilation.
2. The following information shall be indicated in the minutes of
committing an individual procedural action:
1) year, month, date and place of the procedural action;
2) commencement time of the procedural action;
3) the name of the commercial court considering the case, the names and
initials of the judge, the secretary of the court hearing;
4) the case under consideration, the names (titles) of the case parties;
5) information on the appearance of the case parties;
6) information on explanations to the case parties of their procedural rights
and obligations;
7) all orders of the presiding judge and rulings, data on the use of technical
means of recording the trial;
8) statements and petitions of the case parties;
9) the main content of the explanations of the case parties, testimony of
witnesses, clarification by experts of their conclusions and answers to
additional questions posed to them; consultations and conclusions of
specialists;
10) the evidence, its description and if the evidence is not attached to the
case, then the number and content of written evidence;
11) completion time of the procedural action;
12) other information specified by this Code.
3. The minutes shall be drawn up no later than the next day after performing
a separate procedural action.
4. The minutes shall be signed by the presiding judge and the secretary of
the court hearing, attached to the case and kept in the prescribed manner
together with its files.
5. Written comments on the incompleteness or inaccuracy of the minutes of
an individual procedural action shall be submitted to the court within five
days from the date of its signing and shall be considered by the court
according to Article 224 of this Code.
53. Grounds for postponing the consideration of the case.
Підстави для відкладення розгляду справи.
Article 216. Postponement of the case consideration or a break in the court
hearing
1. The court shall postpone the case consideration in the events established
by Part 2 of Article 202 of this Code.
2. If the dispute under consideration on the merits cannot be resolved at the
court hearing, a court may announce a break for the period established by
this Code for consideration of the case, the duration of which shall be
determined in view of the circumstances that caused it, with a next note
thereof in the judgment or the ruling.
3. The court shall notify the case parties, witnesses, experts, specialists,
interpreters who were present at the court hearing on the postponement of
the case consideration or a break in a court hearing against a receipt. The
case parties, witnesses, experts, specialists, interpreters who have not
arrived or who are involved in the trial for the first time by the court shall be
notified of the court hearing by the rulings.
4. If the consideration of the case is postponed, the court shall interrogate
the witnesses who appeared. Witnesses shall not be interrogated and shall
be summoned again only in exceptional cases subject to the court ruling.
5. If the consideration of the case is postponed, the court shall continue the
proceedings from the stage at which the hearing was postponed. In the event
that the consideration of the case is postponed during its consideration on
the merits, the court may begin consideration of the case on the merits from
the beginning.
6. If a break has been announced at the court hearing, the proceedings in the
case shall be resumed from the stage at which the break was announced
54. The rights of Economic court in the consideration of the
case on the merits and making a decision.
Права господарського суду при розгляді справи по суті та
ухваленні рішення.
Article 233. Procedure for adoption of court decisions 1. Courts make
decisions and resolutions on behalf of Ukraine immediately after the end of
the court proceedings. 2. Decisions and resolutions are adopted, drawn up
and signed in the conference room by the composition of the court that
considered the case. 3. If several interrelated independent claims are
combined in one proceeding, the court may make a partial decision on any
claim and continue the proceedings in part of the unresolved claims. If one
person is the defendant for claims combined in one proceeding, a partial
decision is not allowed in case of justified objections from the defendant.
The court may decide on the distribution of court costs in an additional
decision after passing a decision based on the merits of the case. 4. Court
decisions, which are drawn up in a separate document, are passed in the
conference room, other decisions can be made by the court without going to
the conference room.
5. Court decisions issued in a separate document are signed by the judge
(judges) and attached to the case. Decisions made by the court, without
going to the deliberation room, are entered into the minutes of the court
session. 6. In exceptional cases, depending on the complexity of the case,
the drawing up of a full decision (resolution) of the court can be postponed
for a period of no more than ten days, and if the case is considered in the
order of simplified proceedings - five days from the end of the case
consideration. Compilation of the full text of the resolution, depending on
the complexity of the case, may be postponed for a period of no more than
five days from the date of announcement of the introductory and final parts
of the resolution. The court decision, containing the introductory and final
parts, must be signed by the entire court and attached to the case. 7.
Corrections in decisions and resolutions must be reserved before the judge's
signature. 8. All court decisions are presented in writing in paper and
electronic forms. During the consideration of the case on the merits, the
court facilitates the reconciliation of the parties. During the consideration of
the case, the court must directly examine the evidence in the case: get
acquainted with written and electronic evidence, expert opinions,
explanations of the participants in the case, set out in statements on the
merits of the case, testimony of witnesses, examine physical
evidence .Courts pass decisions and resolutions on behalf of Ukraine
immediately after the end of the court proceedings.
55. Legal characteristic of court decisions.
Правова характеристика судових рішень.
A court decision — in a broad sense — is an act of judicial review of a case
of any type of proceeding. A court decision is also called an act of exercise
of judicial power. The purpose of a court decision is to achieve legal
certainty in disputed legal relations, which convinces the parties and society
of the justice of the court, its affirmation of human rights, and prevents the
state of uncertainty in similar situations.
In Ukraine, this general term refers to documents of many types: own
decision, opinion of the Constitutional Court, sentence, resolution,
resolution, separate resolution, etc. Court decisions are adopted by courts in
the name of Ukraine and are binding on the entire territory of Ukraine.
The quality of the court decision is the main criterion of the quality of
justice.
Criteria of a high-quality court decision:
Justice
Timeliness
Motivation
Definition
Pure language
Available style
The structure of the court decision
Introduction
The introductory part of the judgment contains its main details, by which it
can be easily identified.
The introductory part should state:
date (day, month, year), and if it is important, also the time of the court
decision (hour and minute);
place of court decision (name of the settlement where the court is located);
the exact name of the court in accordance with the Decree of the President
of Ukraine on its formation;
surnames and initials of the professional judge, if the case was considered In the resolutive part, the court also states its conclusion on the distribution
by the judge alone, professional judges (or also people's assessors), if the of court costs between the parties in accordance with the requirements
case was considered by a panel of judges, and the secretary of the court satisfied or not satisfied by the court.
session. At the end of the resolutive part, the court must specify the term and
Descriptive part procedure for the court decision to enter into legal force and its appeal.
The descriptive part of the court decision summarizes the position of the
persons participating in the case (parties, third parties, their representatives)
and the main content of the evidence examined by the court. Here, the court
does not have the right to give its evaluations either to the positions of the
persons participating in the case or to the evidence.

The law does not provide for a descriptive part of a sentence in criminal
proceedings. 56. Types of court decisions.
Motivational part
Види судових рішень.
In the motivational part of the court decision, the court first states the
circumstances established by it in the case, which are necessary for its Types of court decisions
resolution, with reference to the evidence on the basis of which these 1. Court decisions are:
circumstances were established, and the reasons for which the court did not
1) resolutions;
take into account certain pieces of evidence must also be indicated, with
reference to inappropriateness, inadmissibility, unreliability, 2) decision;
unconvincingness, etc. and with the necessary explanations. That is, the 3) resolutions;
results of the court's assessment of the evidence are displayed here.
4) court orders.
After that, the court must give an analysis of these circumstances from the
point of view of law. 2. Procedural issues related to the movement of the case in the court of first
instance, petitions and statements of persons participating in the case,
The decisive part questions about postponement of the case consideration, announcement of
The operative part reflects the court's verdict — that is, the court's response adjournment, suspension or closure of the proceedings in the case, leaving
to each demand of the initiator of the process. the application without consideration, as well as in other cases provided for
by this Code, they are decided by the court by issuing resolutions.
First, the court presents its conclusion on the satisfaction of the
requirements in whole or in part or on the refusal to satisfy them. 3. Consideration of the case on the merits by the court of first instance ends
with the adoption of the court's decision.
If the claim is satisfied, the court shall state its opinion on the merits of each
claim to the extent that they were satisfied, by indicating the appropriate 4. Review of court decisions in the appellate and cassation procedure ends
method of defense. with the adoption of a resolution.
5. In the cases provided for by this Code or the Law of Ukraine "On
Restoring the Debtor's Solvency or Recognizing him as a Bankrupt", the
court proceedings shall end with the passing of a resolution, the adoption of
a resolution or the issuance of a court order.
1. Courts make decisions and resolutions on behalf of Ukraine immediately
after the end of the court proceedings.
2. Decisions and resolutions are adopted, drawn up and signed in the
conference room by the composition of the court that considered the case.
3. If several interrelated independent claims are combined in one
proceeding, the court may make a partial decision on any claim and
continue the proceedings in part of the unresolved claims. If one person is
the defendant for claims combined in one proceeding, a partial decision is
not allowed in case of justified objections from the defendant.
The court may decide on the distribution of court costs in an additional
decision after passing a decision based on the merits of the case.
4. Court decisions, which are drawn up in a separate document, are passed
in the conference room, other decisions can be made by the court without
going to the conference room.
5. Court decisions issued in a separate document are signed by the judge
(judges) and attached to the case. Decisions made by the court, without
going to the deliberation room, are entered into the minutes of the court
session.
6. In exceptional cases, depending on the complexity of the case, the
drawing up of a full decision (resolution) of the court can be postponed for a
period of no more than ten days, and if the case is considered in the order of
simplified proceedings - five days from the end of the case consideration.
Compilation of the full text of the resolution, depending on the complexity
of the case, may be postponed for a period of no more than five days from
the date of announcement of the introductory and final parts of the
resolution.
The court decision, containing the introductory and final parts, must be
signed by the entire court and attached to the case.
7. Corrections in decisions and resolutions must be reserved before the
judge's signature.
8. All court decisions are presented in writing in paper and electronic forms.
Court decisions are rendered in electronic form using the Unified Judicial
Information and Telecommunication System, are made public in the manner
determined by the Regulations on the Unified Judicial Information and
Telecommunication System and/or provisions determining the procedure
for the functioning of its separate subsystems (modules), and are signed by
the judge's electronic signature ( in the case of a collegial review - by
electronic signatures of all judges who are members of the collegium).
57. Consideration of cases in the order of simplified litigation.
Розгляд справ у порядку спрощеного позовного провадження.
In commercial courts, cases are considered in the order of: injunctive
proceedings; legal proceedings. In turn, the legal proceedings can be general
and simplified.
According to Part 1 of Art. 247 of the Civil Procedure Code minor cases are
considered in the procedure of simplified legal proceedings.
At the same time, the term "insignificant cases" should be understood as a
legal category, and not considered from the point of view of the importance
of the case for the parties or the court. In 2016 during the implementation of
the judicial reform in Article 131-2 of the Constitution, the term "minor
disputes" appeared: "The law may define exceptions regarding
representation in court in labor disputes, disputes regarding the protection of
social rights, elections and referenda, in minor disputes, and also regarding
the representation of minors or minors and persons recognized by the court
as incompetent or whose legal capacity is limited."
In accordance with Part 5 of Article 12 of the Code of economical
Procedure, minor cases are:
1) cases in which the price of the claim does not exceed one hundred of the
subsistence minimum for able-bodied persons;
2) cases of minor complexity, recognized by the court as insignificant,
except for cases that are subject to consideration only according to the rules
of general legal proceedings, and cases in which the price of the claim
exceeds five hundred amounts of the subsistence minimum for able-bodied
persons.
The Code also defines another category of cases that can be considered in
the order of simplified proceedings. According to Part 2 of Article 247 of
the economic Procedure Code: "Any other case referred to the jurisdiction
of the commercial court can be considered in the order of simplified legal
proceedings, with the exception of the cases specified in part four of this
article." In fact, the legislator uses the dispositive principle of assigning
cases to the category of minor importance by the court.
At the same time, the court, when deciding on the assignment of a case that
can be considered in the order of simplified proceedings (cases of minor
complexity), is endowed with quite wide discretionary powers. Thus, in
accordance with Part 3 of Article 247 of the Code of economic Procedure, 8
criteria for classifying a case as insignificant are distinguished:
1) the price of the claim;
2) the significance of the case for the parties;
3) the method of protection chosen by the plaintiff;
4) category and complexity of the case;
5) the volume and nature of the evidence in the case, including whether it is
necessary to appoint an expert opinion, call witnesses, etc.;
6) number of parties and other participants in the case;
7) whether the consideration of the case is of significant public interest;
8) the opinion of the parties regarding the need to consider the case
according to the rules of simplified legal proceedings.
What cases can NOT be considered in the order of simplified proceedings?
According to Part 4 of Article 247 of the economic Procedure Code, these
cases are:
1) about bankruptcy;
2) on applications for approval of the debtor's rehabilitation plans before the
opening of bankruptcy proceedings;
3) in disputes arising from corporate relations and disputes over transactions
regarding corporate rights (shares);
4) in disputes regarding the protection of intellectual property rights, except
for cases of recovery of a sum of money, the amount of which does not
exceed one hundred times the subsistence minimum for able-bodied
persons;
5) in disputes arising from relations related to the protection of economic
competition, limitation of monopolies in economic activity, protection
against unfair competition;
6) in disputes between a legal entity and its official (including an official
whose powers have been terminated) regarding compensation for damages
caused by such an official to the legal entity through his actions (inaction);
7) in disputes regarding the privatization of state or communal property;
8) in which the price of the claim exceeds five hundred amounts of the
subsistence minimum for able-bodied persons;
9) other requirements combined with the requirements in disputes specified
in clauses 3-8 of this part.
Minor cases, in which the cost of the claim does not exceed one hundred of
the subsistence minimum for able-bodied persons, are considered in the
order of SP imperatively. Other cases, which may be classified by the court
as insignificant, are considered in the order of simplified proceedings only
at the request of the plaintiff.
The claimant's request for consideration of the case in the order of
simplified legal proceedings shall be submitted in writing at the same time
as the filing of the statement of claim or may be contained in it (Part 1 of
Article 249 of the Code of economic Procedure).
The court shall decide on the issue of consideration of the case in the order
of simplified legal proceedings in the decision on the opening of the
proceedings in the case (Article 250 of the Code of economic Procedure).
Following the consideration of the relevant petition of the plaintiff, the
court, taking into account the specific circumstances of the case, may: 1)
grant the petition and set a deadline for the defendant to submit a statement
with objections to the consideration of the case in the order of simplified
legal proceedings; or 2) refuse to grant the request and consider the case
according to the rules of general legal proceedings.
If, based on the results of consideration of the petition of the plaintiff, the
court comes to a conclusion that the case should be considered in the order
of simplified legal proceedings, it shall note this in the decision on the
opening of the proceedings in the case.
If the defendant submits a statement with objections to the consideration of
the case in the order of simplified legal proceedings within the time limit set
by the court, the court, depending on the validity of the defendant's
objections, issues a decision on: 1) leaving the defendant's statement
unsatisfied; 2) consideration of the case according to the rules of general
legal proceedings and replacement of the session for consideration of the
case on the merits with a preparatory session.
If the court decided to consider the case in the order of simplified legal
proceedings, but later passed a decision on the consideration of the case
according to the rules of general legal proceedings, the consideration of the
case begins at the stage of opening the proceedings in the case. In such a
case, a return to consideration of the case according to the rules of
simplified legal proceedings is not allowed.
According to Art. 251 of the economic Procedure Code, a response is
submitted within fifteen days from the date of delivery of the decision to
open proceedings in the case. The plaintiff has the right to file an answer to
the response to the court, and the defendant has the right to file an objection
within the time limits established by the court in the decision to open
proceedings in the case.
Peculiarities of consideration of the case in the order of simplified
proceedings.
The first court session in the case is held no later than thirty days from the
day of the opening of the proceedings in the case. A preparatory meeting is
not held when considering a case in the order of simplified proceedings.
Consideration of the merits of the case in the order of simplified
proceedings begins with the opening of the first court session or thirty days
after the opening of the proceedings in the case, if no court session is held.
The court considers the case in the order of simplified legal proceedings
without notifying the parties to the case based on the materials available in
the case, in the absence of a request from any of the parties otherwise. At
the request of one of the parties or on the court's own initiative, the case is
considered in a court session with notification (summons) of the parties.
The defendant must submit a request for consideration of the case in a court
session with notification of the parties within the time limit for submitting a
response, and the plaintiff - together with the claim or no later than five
days from the day of receiving the response.
The court may refuse to grant a party's request for consideration of the case
in a court session with notice to the parties if the following conditions exist
simultaneously: 1) the subject of the lawsuit is the collection of a sum of
money, the amount of which does not exceed one hundred times the
subsistence minimum for able-bodied persons; 2) the nature of the disputed
legal relationship and the subject of proof in the case do not require a court
session with notification of the parties to fully and comprehensively
establish the circumstances of the case.
In accordance with Part 7 of Art. 180 of the Code of economic Procedure:
"In case of filing a counterclaim in a case that is considered under the rules
of simplified legal proceedings, the court issues a decision on the transition
to consideration of the case under the rules of general legal proceedings."
IV. Peculiarities of appellate review of cases considered in the simplified
procedure
In accordance with Part 10 of Art. 270 of the Code of economic Procedure,
appeals against the decision of the commercial court in cases with a claim
price of less than one hundred times the subsistence minimum for able-
bodied persons, except for those that are not subject to consideration in the
order of simplified claim proceedings, are considered by the appellate court
without notification to the participants of the case.
Taking into account the specific circumstances of the case, the court of
appellate instance, at the request of a party to the case or on its own
initiative, may consider such appeals in a court session with notification
(summons) of the parties to the case.
It is characteristic that according to the general rule according to Art. 270
Part 1 of the economic Procedure Code "in the court of appeal, cases are
reviewed according to the rules for consideration of cases in the order of
simplified legal proceedings, taking into account the features provided for
in this chapter."
Thus, judicial practice should develop clear, transparent, understandable
criteria for assigning one or another category of cases to significant, and
accordingly for consideration of these cases in the order of simplified
proceedings. The main role in the formation of judicial practice should be
played by the new Supreme Court and appeals courts.
58. Comparison of general and simplified litigations in
Economic courts.
General legal proceedings
Порівняння загального та спрощеного судочинства в version of the civil and economic procedural codes provides for the
господарських судах.
This type of proceeding is intended for consideration of all cases that, due to
the complexity, number of participants, and peculiarities of the subject of
evidence, cannot be considered in the order of simplified proceedings.
Consideration of the case in the order of general legal proceedings involves
the passage of all stages of the judicial process provided for by the code,
namely:
submission of a claim to the appropriate court that meets the requirements
of the procedural law;
resolution of the issue of opening proceedings in the case (or leaving the
statement of claim without movement, return of the claim, refusal to open
proceedings);
preparatory proceedings, during which the participants submit statements to
the court on the merits of the case, as well as petitions on procedural issues.
In the preparatory proceedings, the court holds a preparatory court session,
where it considers the motions of the participants, decides on the
involvement of third parties, the demand for evidence, the appointment of
an expert, reconciliation of the parties, collegial consideration of the case
and other procedural issues. Based on the results of the preliminary court
session, the court may leave the claim without consideration, close the
proceedings in the case or close the preliminary proceedings and appoint the
case for consideration on the merits.
In the case of recognition of the claim by the defendant, the court may
make a decision on the merits of the dispute in a preparatory session;
consideration of the case on the merits, which includes the following stages:
opening of the consideration of the case on the merits (establishing the
appearance of the participants, announcing the composition of the court,
explaining to the participants their rights and obligations, considering
motions); elucidation of the circumstances of the case and examination of
the evidence (introductory speech of the participants, questions,
examination of the evidence by the court, additional explanations of the
participants); court debates (final speech of the participants, remarks);
adoption of a decision by the court on the merits of the case (the new
possibility in certain cases to resolve the issue of court costs in a separate
court session already after the adoption of a decision on the merits).
Simplified legal proceedings
In the order of the simplified legal proceedings, the cases of a minor nature
(in the CAS(code of administrative proceedings) are called cases of minor
complexity), as well as cases arising from labor relations in civil
proceedings, are necessarily subject to consideration. Cases in which the
price of the claim does not exceed 100 times the subsistence minimum for
able-bodied persons, as well as simple cases recognized by the court as
insignificant, are considered insignificant in the Civil Code and economic
Procedure Code. Cases that are subject to consideration only according to
the rules of general legal proceedings (their list is established in the codes),
as well as cases in which the price of the claim exceeds 500 amounts of the
subsistence minimum cannot be considered insignificant.
In the CAS of Ukraine, 11 categories of cases are classified as minor (Part 6
of Article 12), in particular, regarding public service, provision of public
information, social benefits, termination and cancellation of state
registration, termination of legal entities, entry and exit to the temporarily
occupied territory, typical and other cases that the court considers
uncomplicated.
At the petition of the plaintiff, any case can be considered in the procedure
of simplified legal proceedings, except for those which, according to the
provisions of the codes, are prohibited to be considered in simplified
proceedings.
It is not allowed to consider the rules of simplified legal proceedings in the
civil process of family and inheritance disputes, as well as disputes
regarding the privatization of the housing fund and if the price of the claim
exceeds 500 amounts of the subsistence minimum (Part 4 of Article 274 of
the Code of Civil Procedure). In the economic process, it is not possible to
consider cases of bankruptcy, monopoly and unfair competition,
privatization, corporate disputes, etc. (part 4 of Article 247 of the Code of
economic Procedure) in the simplified procedure. In the administrative
process, there are four categories of such cases: appeals against regulatory
acts, forced alienation of land, compensation for damages or recovery of
funds, if their amount does not exceed 500 amounts of the subsistence
minimum (Part 4, Article 257 CAS).
Features of simplified legal proceedings:
shortened deadlines for submission of statements on the merits of the case
(15 days for response, 10 days for explanations on response, deadlines for
submission of other statements are set by the court);
no preparatory meeting is held;
the case is considered without notifying the parties based on the available
materials - the court examines the evidence and written explanations
presented in the statements on the merits of the case;
at the request of a party, the case is considered in a court session with the
summons of the parties, however, the court may refuse this if two
conditions are present at the same time: the subject of the claim is the
collection of a sum of money in an amount not exceeding 100 subsistence
minimums, and the nature of the legal relationship and the subject of proof
do not require a court hearing meeting with summons of the parties.
in the administrative process, an extended list of grounds for refusing a
request for consideration of the case in a court session with summons of the
parties is provided (Part 6 of Article 262, Article 263 of the CAS).
The court refuses this if there is at least one condition: the nature of the
legal relationship and the subject of proof do not require holding a court
session with the summons of the parties, or if the case is being considered
social benefits, refusal to provide public information, entry and exit to the
temporarily occupied territory, termination or cancellation of state
registration, termination of legal entities, as well as collection of sums of
money, if their sum does not exceed 100 subsistence minimums.
Simplified claim proceedings are an alternative to injunctive proceedings:
for all categories of cases of injunctive proceedings, the plaintiff, if he
wishes, can apply to the court in the order of simplified claim proceedings.
59. The definition of bankruptcy.
Визначення банкрутства.
Bankruptcy has gone through a long, historically complex path since its
inception as an institution of economic law. In the law of ancient peoples,
not so much the property of the debtor served as security for the debt, but he
himself. In the initial period of the development of Roman law, enforcement
proceedings provided that a person against whom a court decision was
issued or who acknowledged his debt was given a thirty-day period of
execution. If during this time the debtor did not satisfy the demands of his
creditor, the latter acquired the right of ownership of the debtor as a slave,
that is, he could at will sell him outside Rome or even kill him.
The development of capitalist relations undoubtedly required other means
of combating the phenomenon of bankruptcy. Gradually, in the civil and
commercial legislation of most countries, norms were introduced, aimed not
at corporal punishment of the bankrupt, but at the seizure of his property in
order to satisfy the claims and claims of creditors. As a result of the
evolution of the legislation on bankruptcy of enterprises, more and more
norms were introduced into it, aimed not so much at the liquidation of the
debtor, but at his financial recovery.
The modern concept of bankruptcy takes its source from the competitive
process that took place in medieval Italy. The term bankruptcy translated
from Italian means: banco - bench, rotto - broken. This name comes from
the custom of overturning or breaking the bench on which an insolvent
money changer was sitting. Over time, the term bankrupt (bankruptcy)
remained, but came to mean the financial collapse of a debtor unable to
fulfill his obligations to creditors.
The legislative definition of the concept of bankruptcy is contained in the
Economic Code of Ukraine (hereinafter - the Code of Ukraine) and the Law
of Ukraine "On restoring the debtor's solvency or declaring him bankrupt"
(hereinafter - the Law) dated 05.14.1992, the new edition of which (as of
06.30.1999) entered into force 01.01.2000.
The specified normative acts establish the conditions and procedure for
restoring the solvency of the subject of entrepreneurial activity - the debtor
or declaring him bankrupt and applying the liquidation procedure, full or
partial satisfaction of creditors' demands.
In accordance with Part 2 of Art. 209 of the economic Code bankruptcy is
considered the inability of the debtor to restore his solvency and satisfy the
demands of creditors recognized by the court otherwise than through the
application of the liquidation procedure determined by the court.
At the same time, along with the concept of bankruptcy, the concept of
insolvency of the debtor is important, since the economic Code and the Law
are primarily aimed at restoring solvency.
According to Part 1 of Art. 209 of the economic Code, a business entity
(debtor) is recognized as insolvent in case of inability to fulfill its financial
obligations to other persons, territorial community or the state after the set
deadline, otherwise than due to the restoration of its solvency.
Therefore, in case of insolvency, the debtor can fulfill his obligations
through the procedure of restoration of solvency, and in case of bankruptcy,
the debtor (bankrupt) must satisfy the demands of creditors through the
liquidation procedure.
There are several levels of insolvency.
Current insolvency is the financial condition of any enterprise, if at a
specific moment, due to a random coincidence of circumstances, the sum of
its available funds and highly liquid assets is temporarily insufficient to
repay the current debt.
Critical insolvency — the company's financial condition contains signs of
potential bankruptcy. In case of critical insolvency, preference should be
given to out-of-court measures to restore the debtor's solvency or to
rehabilitate him during the bankruptcy proceedings.
Supercritical insolvency — if at the end of the year the coverage ratio is less
than 1 and the company did not make a profit, then its financial condition is
characterized by signs of supercritical insolvency, when meeting the
demands of creditors recognized by the court is possible only through the
application of the liquidation procedure.
60. General characteristic of bankruptcy proceedings.
 Загальна характеристика провадження у справах про
банкрутство.
Proceedings in bankruptcy cases are regulated by the Economic Procedural
Code of Ukraine, the Law, the economic Code and other legislative acts of
Ukraine. Proceedings in bankruptcy cases consist of the following stages:
submission of an application for initiation of bankruptcy proceedings
(Article 7 of the Law), initiation of bankruptcy proceedings (Article 11 of
the Law), provision of creditors' claims and moratorium on satisfaction of
creditors' claims (Article 12 of the Law), identification of creditors and
persons who will express a desire to participate in the rehabilitation of the
debtor (Article 14 of the Law), a preliminary meeting of the commercial
court (Article 15 of the Law), holding meetings of creditors and forming a
committee of creditors (Article 16 of the Law), issuing a resolution on the
rehabilitation of the debtor, the appointment of the rehabilitation manager
(Article 17 of the Law), the sale of the debtor's property in the rehabilitation
procedure (Articles 19, 20 of the Law), the report of the rehabilitation
manager (Article 21 of the Law).
Therefore, bankruptcy proceedings consist of procedures for establishing
the fact of the debtor's insolvency and the indisputability of the claims of
the creditor (creditors), which initiates the proceedings (when the case is
initiated at the request of the creditor), identification of all possible creditors
and sanatoriums, disposal of the debtor's property, rehabilitation (when the
latter is possible ) or declaring the debtor bankrupt. The last stage of the
proceedings is the procedure to satisfy the demands of creditors at the
expense of the liquidation of the property assets of the bankrupt. All the
mentioned procedures constitute a complete and, practically, separated from
the lawsuit process, proceedings, the purpose of which is to satisfy the
demands of creditors in the event of the debtor's insolvency. That is, the
bankruptcy procedure has significant differences from a lawsuit.
First, during bankruptcy proceedings, the vast majority of norms contained
in the Law are applied, and not the norms of procedural law, which are
written in the Economic Procedural Code of Ukraine and in this case have
an additional character.
Secondly, the composition of participants in bankruptcy cases is completely
different compared to the composition of participants in lawsuit
proceedings. In contrast to the classic composition of the participants in the
legal proceedings (defendant, plaintiff, third parties), in bankruptcy
proceedings, along with the parties — the debtor and the creditor
(committee of creditors) — the following may or may not participate: the
arbitration manager (property manager, liquidator) , sanatoriums (investors),
property owner, state bankruptcy body, local self-government body, State
Property Fund of Ukraine, debtor's labor team.
Thirdly, the commercial court, considering bankruptcy cases, essentially
does not hear the dispute, so to speak, in its pure form, all disputes must
already be considered in the legal proceedings (indisputability of creditors'
claims). In bankruptcy cases, the commercial court on behalf of the state,
rather, performs control functions over the participants in the bankruptcy
procedure. One of the main tasks of the court in the bankruptcy procedure is
to ensure the conditions for the financial recovery of the economic entity
and, if possible, to eliminate all negative consequences that may arise after
the liquidation of the enterprise in the event of bankruptcy.
61. The judicial insolvency (bankruptcy) proceedings
Судове провадження у справах про неспроможність (банкрутство).
In the event of inability of a business entity to fulfill its monetary
obligations after the due date to other individuals, territorial community or
state other than through the restoration of its solvency, this entity (debtor)
shall be declared insolvent
The inability of a debtor to restore its solvency and satisfy the
creditors’ claims recognised by the court other than through the application
of the liquidation procedure defined by the court shall be deemed
bankruptcy. A bankruptcy entity (hereinafter referred to as a bankrupt) shall
only be a business entity. Official government enterprises shall not be
declared bankrupt.
Bankruptcy shall mean the debtor's inability recognised by the
commercial court to recover its solvency through the rehabilitation and
restructuring procedures, and to pay monetary claims of creditors,
established in accordance with the procedures stipulated herein, otherwise
than through the application of the liquidation procedure
Bankruptcy proceedings regulated by the code of ukraine on
bankruptcy procedures, Commercial and Procedural Code of Ukraine, and
other laws of Ukraine.
The procedure for repayment of the debtor's debts shall be
introduced in the case of insolvency together with the recognition of a
debtor as a bankrupt.
62. Parties to insolvency proceedings and their rights.

Сторони провадження у справі про банкрутство та їх права.

Parties to a bankruptcy case shall mean pre-bankruptcy creditors (a
representative of the creditors' committee), secured creditors, a debtor
(bankrupt);

Under art. 6 of the Code of Ukraine on Bankruptcy procedures next

Judicial procedures applicable to a debtor
1. In accordance herewith, the following court procedures shall
apply to a debtor — a legal entity:
management of the debtor’s property;
rehabilitation of a debtor;
liquidation of a bankrupt.
2. In accordance herewith, the following court procedures shall
apply to a debtor — an individual:
restructuring of debtor's debts;
repayment of the debtor's debts.

Parties in insolvency proceedings have rights, that enshrined in art. 42 of
economic procedural code, that is:
1. The case parties shall have the right to:
1) review the case files, abbreviate them, make duplicates, receive
duplicates of judgments;
2) submit evidence; participate in court hearing, unless otherwise provided
by law; participate in the examination of evidence; ask questions to other
case parties, as well as witnesses, experts, specialists;
3) submit applications and petitions, provide explanations to the court,
provide their arguments, considerations on issues that arise during a trial, as
well as objections to the applications, petitions, arguments and
considerations of other persons;
4) review the minutes of a court hearing, record a court hearing by technical
means, make copies of them, submit written comments on their inaccuracy
or incompleteness;
5) appeal against judgments in cases specified by law;
6) use other procedural rights defined by law.
2. The case parties shall:
1) show respect to the court and to other trial participants;
2) promote the timely, comprehensive, complete and objective
establishment of all the case circumstances;
3) appear in court upon its summon, if their appearance is recognised by the
court as mandatory;
4) submit all available evidence in the manner and within the time limits
established by law or the court, not to hide the evidence;
5) provide the court with full and reliable explanations on issues raised by
the court, as well as the participants in a court hearing;
6) perform procedural actions within the time limits established by law or
the court;
7) perform other procedural duties determined by law or the court.
63. The legal status of insolvency manager in the bankruptcy
proceeding.
Правовий статус арбітражного керуючого у справі про
банкрутство.
Arbitration (insolvency) manager shall mean an individual who has
received an appropriate certificate, and information about him/her is entered
in the Unified Register of Arbitration Managers of Ukraine
An arbitration manager shall be an independent professional entity.
2. From the date of the judgement (resolution) on his/her appointment as a
rehabilitation manager or a liquidator and until the moment of termination
of his/her authority, the arbitration manager shall be equated to the official
of an enterprise — a debtor.
Requirements and rights and obligations of arbitration manager enshrined in
Code of Bankruptcy of Ukraine that is:
Article 11. Requirements for the arbitration manager
1. The arbitration manager may be a citizen of Ukraine who has a higher
legal or economic education of the second (master's) level, general work
experience of at least three years or at least one year after receiving the
relevant higher education in management positions, completed training and
internship during six months in the manner prescribed by the state
bankruptcy authority, have a command of the state language and passed the
qualifying examination.
2. The arbitration manager may not be a person:
1) recognised by a court as limited in civil capacity or incapable;
2) who has a criminal record that has not been removed or expunged in
accordance with the procedures established by law;
3) who is unable to perform the duties of an arbitration manager due to
health condition;
4) who is prohibited from holding managerial positions.
3. The arbitration manager shall have a certificate and a seal, the description
of and procedures for the use of which shall be established by the state
bankruptcy authority.
4. The arbitration manager shall, once every two years, improve his/her
qualification in accordance with the procedures established by the state
bankruptcy authority.
Article 12. Rights and liabilities of the arbitration manager
1. The arbitration manager shall enjoy all the rights of the property
administrator, the rehabilitation manager, the restructuring manager, the
liquidation manager, and the liquidator according to the legislation,
including the right to:
1) apply to the commercial court and the court of general jurisdiction in
cases provided for herein;
2) convene a meeting and a creditors' committee and participate in them
with an advisory vote;
3) receive remuneration in the amount and in the manner prescribed hereby;
4) in order to ensure the fulfilment of his/her authority, involve other
persons and specialised organisations on a contractual basis, with payments
for their activities at the expense of a debtor, unless otherwise provided for
herein or in the agreement with creditors;
5) request and receive documents or their copies from legal entities,
government authorities, local authorities and individuals subject to their
consent;
6) receive information from state registers;
7) file an application with the commercial court for early termination of
his/her authorities;
8) exercise other powers provided for herein.
2. The arbitration manager shall be obliged to:
1) strictly comply with the requirements of the legislation;
2) take measures to protect the debtor's property;
3) conduct an analysis of the financial and economic condition, investment
and other activities of a debtor and the situation on the debtor's markets, and
submit the results of such analysis to the commercial court together with
documents confirming the relevant information;
4) submit data, documents and information on the activities of the
arbitration manager in the manner prescribed by law; etc.
In the exercise of his/her powers, the arbitration manager shall be
independent.
In case of detention of the arbitration manger by an authorised body or
submission to him/her of a notice of charges on committing a criminal
offence, a body that detained or submitted the notice of charges on
committing a criminal offence shall immediately notify the state bankruptcy
authority.
Withdrawal of documents from the arbitration manager shall be allowed
only subject to a court decision in the manner prescribed by law.
64. Solvency renewal proceedings in the bankruptcy cases
(sanation of a debtor).
Відновлення платоспроможності у справах про банкрутство
(санація боржника).
The procedure of sanation of a debtor may be applied to debtor after the
commercial court ratify the approved rehabilitation plan of a debtor.
Rehabilitation shall mean a system of measures taken during bankruptcy
proceedings to prevent a debtor from being recognised as bankrupt and
liquidated, aimed at rehabilitation of the financial and economic condition
of a debtor, as well as satisfying in full or in part creditors' claims by
restructuring a company, debts and assets and/or changing the
organisational, legal and production structure of a debtor.
The rehabilitation manager of a debtor shall be appointed by the
commercial court in accordance with the established procedures from
among the arbitration managers.
From the moment of the judgement on introduction of the rehabilitation
procedure:
members of the executive body (head) of a debtor shall be removed from
office in the manner prescribed by law;
the management of a debtor shall be transferred to the rehabilitation
manager;
the powers of the management bodies of a debtor — a legal entity to
manage and dispose of the debtor's property shall be suspended, the powers
of the management bodies shall be transferred to the rehabilitation manager,
except for the powers provided for in the rehabilitation plan.
Within 15 days from the date of the decision on the introduction of the
rehabilitation procedure and the appointment of the rehabilitation manager,
the debtor's management bodies shall be obliged to transfer the debtor's
accounting and other documents, seals, stamps, material and other valuables
to the rehabilitation manager.
Seizure of the debtor's property and other restrictions on the debtor's actions
to dispose of its/his property may be imposed only within the scope of the
rehabilitation procedure, provided that they do not interfere with the
implementation of the rehabilitation plan and do not conflict with the
interests of pre-bankruptcy creditors. It is not allowed to seize monetary
funds in the bank escrow accounts opened by a debtor in the manner
prescribed by law.
The commercial court shall, upon the application of the rehabilitation
manager, remove the seizure from the debtor's property or other restrictions
on the disposal of its/his property, if such seizure or restrictions hinder the
implementation of the rehabilitation plan, economic activity of a debtor and
recovery of its/his solvency.
The official publication of the notification on the introduction of the
rehabilitation procedure shall be carried out on the official web portal of the
judicial power of Ukraine.
The rehabilitation manager shall have the right to:
dispose of the debtor's property in accordance with the rehabilitation plan
and subject to restrictions established by law;
conclude, on behalf of a debtor, civil, labour and other transactions
(agreements);
submit applications for recognition of transactions (agreements) concluded
by a debtor as invalid.
Debtor's rehabilitation plan
1. The rehabilitation plan must indicate the amount of claims of each class
of creditors that would be satisfied if the liquidation procedure of a debtor
had been introduced.
The rehabilitation plan may be amended in the manner established for its
ratification.
The rehabilitation plan should include measures to recover the debtor's
solvency.
The rehabilitation plan should provide for the recovery period of the
debtor's solvency. Solvency shall be considered recovered provided that
creditors' claims are settled in accordance with the register of creditors'
claims.
The rehabilitation plan must provide for the repayment of the debtor's wage
arrears.
2. Measures to recover the debtor's solvency contained in the rehabilitation
plan may be as follows:
 enterprise restructuring;
 production conversion;
 closure of unprofitable productions;
 extension of a period for or postponement, or cancellation (write-
off) of debts or part thereof;
 fulfilment of the debtor's obligations by third parties;
 otherwise satisfaction of creditors' claims that does not contradict
this Code;
 liquidation of receivables;
 restructuring of the debtor's assets in accordance with the
requirements hereof;
 sale of part of the debtor's property;
 fulfilment of the debtor's obligations by the debtor's owner and
its/his responsibility for non-fulfilment of the undertaken
obligations;
 alienation of property and settlement of creditors' claims by
replacing assets;
 dismissal of the debtor's employees who cannot be involved in the
process of implementation of the rehabilitation plan;
 obtaining a loan to settle redundancy payment to the debtor's
employees who are dismissed in accordance with the rehabilitation
plan, which is reimbursed in accordance with the requirements
hereof on an extraordinary basis, through the sale of the debtor's
property;
 obtaining loans and credits, purchasing goods on credit;
 other measures to recover the debtor's solvency.
65. Liquidation of a debtor in bankruptcy cases
Ліквідація боржника у справах про банкрутство.
After recognizing debtor as a bankrupt, liquidation procedure may be
applied to him.
commercial court shall, during a court hearing with the participation of the
parties, make a resolution on recognition of a debtor as bankrupt and open
the liquidation procedure.
The court shall determine the period during which the liquidator is obliged
to liquidate a debtor. This period may not exceed 12 months.
From the date of the resolution of the commercial court on the
recognition of a debtor as bankrupt and the opening of the liquidation
procedure:
 the economic activity of a bankrupt shall cease with the end of the
technological cycle of products manufacturing in case of possibility
of their sale, except for concluding and executing agreements aimed
at protecting the bankrupt's property or ensuring its preservation
(maintenance) in proper condition, lease agreements for the property
that is temporarily not used, for the period until its sale in the
liquidation procedure, etc.;
 the term of fulfilment of all monetary obligations of a bankrupt shall
be considered due;
 a bankrupt shall not assume any additional obligations, including the
payment of taxes and fees (mandatory payments), except for costs
directly related to the implementation of the liquidation procedure;
 the accrual of forfeit (fine, late payment interest), interest and other
economic sanctions on all types of indebtedness of a bankrupt shall
be terminated;
 the information about the financial condition of a bankrupt ceases to
be confidential or a trade secret;
 the sale of the property of a bankrupt shall be allowed in the manner
prescribed hereby;
  the seizure imposed on the property of a debtor recognised as
bankrupt and other restrictions on the disposition of property of such
a debtor shall be lifted. Imposition of new seizures or other
restrictions on the disposition of the bankrupt's property shall not be
allowed;
 the powers of the bankrupt's management bodies to manage the
bankrupt and dispose of its/his property shall be terminated, if this
has not been done before, and the members of the executive body
(head) of a bankrupt shall be dismissed due to bankruptcy of an
enterprise, as well as the powers of an owner (a body authorised to
manage the property) of the bankrupt's property shall be terminated.
With its resolution on recognition of a debtor as bankrupt and opening of
the liquidation procedure, the commercial court shall appoint the liquidator
of a bankrupt from among the arbitration managers entered into the Unified
Register of Arbitration Managers of Ukraine.
Powers of the liquidator
1. The liquidator shall exercise the following powers from the date of
his/her appointment
to exercise management over the debtor's property, to ensure its
preservation;
to perform functions of management and disposal of the bankrupt's
property;
to conduct an inventory and determine the initial value of the bankrupt's
property;
to analyse the financial condition of a bankrupt;
to perform the powers of the head (management bodies) of a bankrupt;
to form the liquidation estate;
to raise the claims against third parties for the return of receivables to a
bankrupt; etc
Actions (inactivity) of the liquidator may be appealed to the commercial
court by the participants in the bankruptcy case, whose rights have been
violated by such actions (inactivity).
All types of property assets (the property and property rights) of a
bankrupt, belonging to it/him on the right of ownership or operational
management, shall be included in the liquidation estate.
After conducting the inventory and obtaining a consent for the sale
of property, the liquidator shall sell the property of a bankrupt at auction.
The initial value of the sale of the bankrupt's property shall be its
value determined by the liquidator.
The liquidator may bring about a direct sale or sale on commission
terms through the organisation of retail trade at a reasonable price for
perishable goods.
The liquidator may also bring about a direct sale or sale on
commission terms through the organisation of retail trade at a reasonable
price for inventories, low-value and perishable items, the market value of
which does not exceed one minimum wage.
The liquidator shall sell securities and derivative financial instruments
through a professional stock market participant in the manner prescribed by
the legislation of Ukraine, pursuant to the agreement concluded between the
liquidator and the securities trader.
The terms of agreements concluded for the disposal of the bankrupt's
property may not provide for instalments or deferral of payments for the
acquired property.
After completion of all settlements with creditors, the liquidator
shall submit to the commercial court a report and liquidation balance sheet,
with the attachment of:
the information on the results of the inventory of the debtor's property and
the list of liquidation estate;
the information on the disposal of liquidation estate facilities with reference
to the concluded purchase and sale agreements;
copies of documents confirming the alienation of the debtor's assets during
the liquidation procedure (including minutes of the auction, purchase and
sale agreements, acceptance and transfer certificates for property,
certificates for acquisition of property at auction, etc.); etc
 66. Particularities of insolvency of certain debtors 67 General rules of filing an appeal complaint.

Особливості неплатоспроможності окремих боржників. Загальні правила подання апеляційної скарги.

Special aspects of considering the insolvency case against debtors engaged
in agricultural sector
1. With insolvency proceedings against a debtor engaged in agricultural
sector, the debts restructuring plan shall be developed taking into account
the special aspects of such activities — seasonality of agricultural
production and its dependence on natural and climatic conditions, as well as
the ability to satisfy creditors' claims at the expense of proceeds that can be
received by a debtor from such activities.
2. If a debtor engaged in agricultural sector is recognised as bankrupt and
debtor's debts repayment procedure is introduced, a decision concerning the
land plots which are property of such debtor, or in permanent or temporary
use, shall be made taking into account the requirements of the Land Code of
Ukraine.
Special aspects of considering the insolvency cases against individual
entrepreneurs
1. If the insolvency case against an individual entrepreneur is opened, a
corresponding entry shall be made in the Unified State Register of Legal
Entities, Individual Entrepreneurs and Public Organisations.
2. An appropriate entry shall be made in the Unified State Register of Legal
Entities, Individual Entrepreneurs and Public Organisations on the closing
of insolvency proceedings against an individual entrepreneur.
The judgement to close the insolvency proceedings against an individual
entrepreneur shall be sent to the state registrar to make a corresponding
entry.

Article 254. The right of appeal
1. The litigants, persons who did not participate in the case, if the court
has decided on their rights, interests and (or) obligations, shall have
the right to file the appeal of the judgment adopted by the court of
first instance.
2. The litigants, persons who did not participate in the case, if the court has
decided on their rights, interests and (or) obligations, shall have the right to
appeal the rulings adopted by a court of first instance separately from the
judgment only in cases provided for in Article 255 of this Code. Appeals
against court rulings not provided for in Article 255 of this Code shall not
be allowed separately from a judgment.
3. After opening of appeal proceedings on the appeal of a person who did
not participate in the case, but the court decided on their rights, interests and
(or) obligations, such person shall enjoy procedural rights and bear
procedural obligations of the litigant.
Article 255. Appeals against rulings of the court of first instance
1. Separately from a judgment, the following rulings of the court of first
instance may be appealed:
1) on the refusal to issue a court order;
2) on the provision of evidence, refusal to provide evidence, revocation of
the ruling on provision of evidence;
3) on securing the claim, replacing the measure of securing the claim;
4) on cancellation of the security for the claim or on refusal to secure the
claim, refusal to cancel or replace measures to secure the claim;
5) on counter-security, change or cancellation of counter-security;
6) on return of the application to the plaintiff (applicant);
7) on refusal to initiate proceedings in the case;
8) on the referral of the case to another court;
9) on the refusal to renew or extend the missed procedural period;
10) on approval of the settlement agreement;
11) on the appointment of expert evaluation;
12) on suspension of proceedings in the case;
13) on closure of proceedings in the case;
14) on leaving the claim (application) without consideration;
15) on a separate ruling;
16) on imposing a fine by way of procedural coercion;
17) in the cases of bankruptcy (insolvency) in cases established by the Law
of Ukraine “On Restoring a Debtor's Solvency or Recognising It Bankrupt”.
18) on making, refusal to make corrections to the judgment;
19) on refusal to adopt an additional judgment;
20) on explanation or refusal to explain the judgment;
21) on refusal to initiate proceedings on newly-discovered or exceptional
circumstances, refusal to satisfy the application for review of a judgment on
newly-discovered or exceptional circumstances;
22) on extension, refusal to extend the missed period for submission of an
order for enforcement;
23) on making or refusing to make corrections to the executive document,
recognition or refusal to recognise the executive document not subject to
enforcement;  1. An appeal against a judgment shall be filed within 20 days, and against a
24) on postponement or extension of the deadline of execution of a
judgment, ruling, order, change of the method and procedure for their
execution;
25) on consideration of complaints against judgments, actions (inaction) of
the State Enforcement Service bodies, state executor, private executor;
26) on replacement or refusal to replace a case party (procedural
succession) or a party to enforcement proceedings;
27) on reversal of enforcement of refusal to reverse the enforcement;
28) on foreclosure on the money belonging to other persons or the
immovable property, the ownership of which is not registered in the manner
prescribed by law;
29) on temporary restraint of the right to leave Ukraine;
30) on determining the share of the debtor's property in the property he/she
owns together with other persons;
31) on refusal to initiate proceedings in the case of cancellation of arbitral
award;
32) on the return of the application for cancellation of arbitral award;
33) on the return of the application for issuance of an order by arbitral
award without consideration;
34) on leaving without consideration the application for resumption of lost
court proceedings;
35) on resumption or refusal to resume fully or partially lost court
proceedings.
2. Appeals against judgments of the court of first instance may be filed by
the case parties in accordance with this Code and the Law of Ukraine “On
Restoring a Debtor's Solvency or Recognising It Bankrupt”.
3. Objections to the rulings that are not subject to appeal separately from the
judgment shall be included in the appeal against the judgment.
Article 256. Period for appeal
court ruling, it shall be filed within 10 days from the date of its
pronouncement.
If only the introductory and operative parts of the judgment were announced
at the court hearing or in the event of consideration of the case (resolution
of the issue) without notification (summons) of the litigants, the specified
period shall be calculated from the date when the full judgment has been
executed.
2. A case party who has not been served with a full judgment or ruling on
the day of its pronouncement or execution, shall have the right to renew the
missed period for appeal:
1) against a judgment, if the appeal is filed within 20 days from the date of
service of the full judgment;
2) on the court ruling, if the appeal is filed within 10 days from the date of
service of the relevant judgment.
3. The term for appeal may also be renewed in case of omission for other
valid reasons, except for the cases specified in Part 2, Article 261 of this
Code.
Article 257. Procedure for filing an appeal 3. The following shall be attached to the appeal:
1. An appeal shall be filed directly to the court of appeal. 1) a power-of-attorney or other document certifying the authority of the
representative, if the complaint is filed by the representative and there is no
Article 258. Form and content of the appeal
confirmation of their authority in the case;
1. An appeal shall be filed in written form.
2) proof of payment of court fees;
2. The appeal shall state:
3) proof of sending a copy of the complaint to the other case party;
2) name of the court where it is filed;
4) evidence confirming the date of receipt of the appealed duplicate
2) full title (for legal entities) or name (surname, name and patronymic) (for judgment adopted by the court of first instance, if any.
individuals) of the person filing the appeal, its location (for legal entities) or
4. If the appeal is filed by a person exempted from paying court fees under
place of residence or stay (for individuals), postal code, identification code
the law, it shall indicate the grounds for exemption from payment of court
of the legal entity in the Unified State Register of Enterprises and
fees.
Organisations of Ukraine, taxpayer identification number (for individuals)
(if any) or passport number and series for individuals who are citizens of Article 259. Sending a copy of the appeal to the case parties
Ukraine, contact details and e-mail address, official e-mail address (if any); 1. A person filing the appeal shall send to the other case parties a copy of
3) full title (for legal entities) or name (surname, name and patronymic) (for this appeal and the documents attached to it, which they do not have, by
individuals) of other case parties, their location (for legal entities) or place letter with an enclosure list.
of residence or stay (for individuals);
4) the appealed judgment or ruling;
5) the subject of the illegality and (or) invalidity of the judgment or ruling 68.The legal order of opening of appeal proceeding.
(incomplete establishment of circumstances relevant to the case, and (or)
incorrectly established of circumstances relevant to the case, due to Правовий порядок відкриття апеляційного провадження.
unreasonable refusal to accept evidence, incorrect investigation or
evaluation, failure to provide evidence for a reasonable excuse and (or)
incorrect determination under the circumstances of the legal relationship
established by the court, etc.);
6) new circumstances to be established, evidence to be investigated or
evaluated, rationale of the validity of reasons for failure to submit evidence
to the court of first instance, objection to the evidence used by the court of
first instance;
7) a petition of the person who filed the appeal;
8) the date of receipt of a duplicate judgment adopted by the court of first
instance under appeal;
9) the list of the attached documents and other materials.

1. The court of appeal shall adopt a ruling on the opening of appellate
proceedings in the case.
2. Before the commencement of the appeal proceedings, the case
parties shall have the right to file an objection against the commencement of
the appeal proceedings.
3. The issue on opening of appellate proceedings in the case shall be
resolved no later than five days from the date of receipt of the appeal or
application for elimination of deficiencies filed under the procedure
provided for in Article 260 of this Code.
4. The ruling to open appeal proceedings shall specify the period for
the parties to file a defence to the appeal and resolve the issue of requesting
the case-file. If applications or petitions are filed together with the appeal,
the court in the ruling to open cassation proceedings shall set a period
within which the case parties shall lodge their objections to the filed
applications or petitions, unless otherwise provided for by this Code.
5. If the appeal is filed with a delay of period specified by this Code,
the court in case of renewal of the period for appeal shall suspend the
validity of the appealed judgment in the ruling to open appeal proceedings.
Article 263. Defence to the appeal
1. The case parties shall have the right to submit to the court of appeal
a defence to the appeal in writing within the period established by the court
of appeal in the ruling to open appeal proceedings.
2. The defence to the appeal shall contain:
1) name of the appellate court;
2) the name, postal address of the person filing a defence to the appeal,
as well as the contact details, e-mail address, if any;
3) the rationale of objections as to the content and requirements of the
appeal;
4) if necessary, a petition of the person who files a defence to the
appeal;
5) the list of attached materials.
3. The absence of a defence to the appeal shall not preclude the review
of the judgment adopted by the court of first instance.
4. Evidence of sending (providing) duplicates of the defence and
attached documents to other case parties shall be attached to the defence.
Article 264. Closure of appeal proceedings
1. The court of appeal shall close the appellate proceedings if:
1) after the opening of the appellate proceedings, the person who filed
the appeal has lodged a petition to withdraw the appeal, except in cases
where there are objections of other persons who have joined the appeal;
2) after the opening of the appellate proceedings it has turned out that
the appeal was not signed, filed by a person who has no dispositive legal
capacity, or signed by a person who has no right to sign it;
3) after the opening of appellate proceedings on an appeal filed by a
person on the grounds on resolving issues on his/her rights, interests and
(or) obligations by a court, it has been established that the judgment has not
resolved the issues on the rights, interests and (or) obligations of such
person.
2. The court of appeal shall issue a ruling on the closure of the
appellate proceedings, which may be appealed in cassation procedure.
 Article 265. Joining the appeal
1. The case parties shall have the right to join the appeal lodged by the
person by whose side they acted. Persons who did not participate in the trial
also have the right to join the appeal, if the court has decided on their rights,
interests and (or) obligation.
2. An application for joining an appeal may be filed before the opening
of consideration of the case in the court of appeal.
3. The application for joining the appeal shall be accompanied by a
document on payment of the court fee and evidence of sending (filing) a
duplicate application to other litigants.
Article 266. Addition, change or withdrawal of the appeal or
rejection of it
1. A person who has filed an appeal shall have the right to supplement
or change it within the period for appeal.
2. In case of supplement or change of the appeal, the person who filed
the appeal shall provide evidence of sending duplicates of the relevant
supplement or changes to the appeal to other litigants, otherwise the court
shall not take into account such supplement or changes.
3. The person who has filed an appeal shall have the right to withdraw
it before the ruling to open appeal proceedings is adopted.
4. The person who has filed an appeal shall have the right to withdraw
it, and the other party shall have the right to recognise the appeal as fully or
partly justified until the appeal proceeding is complete. If the appeal is
rejected, and if other persons who joined the appeal do not have objections,
the court shall issue a ruling to close the appeal proceedings.
Recognition of the appeal by the other party shall be taken into account
by the court of appeal in terms of the presence or absence of facts that are
relevant to the case.
5. In case of closing the appellate proceedings due to the refuse to file
an appeal against the judgment, the re-appeal of this judgment by the person
who refused to file the appeal shall not be allowed.
6. The court of appeal shall have the right not to accept the refuse to
file an appeal or its withdrawal on the grounds specified in Part 5, Article
191 of this Code.
69.The legal order of appeal review.
Правовий порядок апеляційного розгляду.
Article 267. Preparation for consideration of a case in court of
appeal
1. In order to prepare the case for appellate consideration, the judge-
rapporteur shall:
1) clarify the composition of a trial. If it is established that the
judgment adopted by the commercial court of first instance may affect the
rights and obligations of a person who did not participate in the trial, he/she
shall involve such a person into the trial as a third party who shall not make
independent claims on the subject of the dispute;
2) determine the nature of the disputed legal relationship and the law
governing it;
3) clarify the circumstances to which the case parties refer as the basis
of their claims and objections;
 4) find out what circumstances are recognised or denied by the case
parties;
5) decide on the reasonableness of the grounds for failure to submit
evidence to the court of first instance;
6) at the petition of the parties and other case participants, decides on
the summoning of witnesses, appointment of expert examination, request
for evidence, court orders to collect evidence, involvement of a specialist,
interpreter in the case;
7) at the petition of the case parties, decide on taking measures to
secure the claim;
8) perform other actions related to securing the appellate proceedings.
2. The preparatory actions specified in Paragraphs 5 and 6, Part 1 of
this Article shall be performed in compliance with the rights of all litigants
to express their opinions or objections regarding their performance, unless
otherwise provided for by this Code.
3. If during the case-file study the court finds unconsidered remarks on
the correctness and completeness of recording the trial by technical means,
unconsidered written remarks on the completeness or correctness of the
minutes of the court hearing, unresolved issue of additional judgment, the
court shall issue a ruling with a time-limit for the court of first instance to
eliminate deficiencies.
Article 268. Assignment of the case for consideration in the court of
appeal
1. After the preparatory actions, the judge-rapporteur shall report on
them to the panel of judges, which shall decide on performing the additional
preparatory actions if necessary and assignment of the case for
consideration.
The case parties shall be notified of the date, time and place of
consideration of the case, if the case is considered under this Code upon
their notification.
Article 269. Scope of review in the court of appeal
1. The court of appeal shall review the case based on the evidence
available in it and additionally submitted, and shall verify the legality and
validity of the judgment adopted by the court of first instance within the
scope of arguments and requirements of the appeal.
Article 270. Procedure for appeal consideration
1. In the court of appeal, cases shall be reviewed under the rules of case
consideration in simplified action proceedings, taking into account the
specific aspects provided for in this Chapter.
2. Consideration of cases in the court of appeal shall commence with
the opening of the first court hearing or in fifteen days from the date of
opening of appellate proceedings, if the case is considered without
notification of the case parties.
3. The cases shall be considered in the court of appeal in a court
hearing with the notification of the case parties, except as provided for in
Part 10 of this Article and Part 2, Article 271 of this Code.
4. The presiding judge shall open the court hearing and announce
which case, on whose appeal and regarding the judgment of which court is
being considered.
5. The judge-rapporteur shall report the content of the appealed
judgment, the arguments of the appeal, the scope within which the
circumstances must be established and the evidence must be examined.
6. After the judge-rapporteur has finished the report, the person who
filed the appeal shall give his/her explanations. If both parties have filed
appeals, the plaintiff shall be the first to give the explanations. Then the
other case parties shall give explanations.
7. Having clarified the circumstances and verified them with evidence,
the court of appeal shall let the litigants speak in the judicial debate in the
same sequence as they gave explanations.
8. At the beginning of the court hearing, the court may announce the
time allotted for the judicial debate. Each person taking part in a trial of the
court of appeal shall be given the same period to speak.
9. After the judicial debate end, the court shall leave to the deliberation
room.
 10. Appeals against judgments of the commercial court in cases with a
claim value less than 100 times the subsistence level for able-bodied
persons, except for those that are not subject to simplified action
proceedings, shall be considered by the court of appeal without notifying
the litigants.
Taking into account the specific circumstances of the case, the court of
appeal may, at the request of a case party or on its own initiative, consider
such appeals in a court hearing with notification (summons) of the case
parties.
11. The court of appeal shall adjourn the case in case of non-
appearance at the court hearing of the party to the case, in respect of which
there is no information about his notification of the date, time and place of
the court hearing, or at his request, when the reasons
12. The non-appearance of the parties or other litigants, duly notified of
the date, time and place of the hearing, shall not impede the consideration of
the case.
13. If the court of appeal has recognised the obligatory participation in
the court hearing of the case parties, but they have not arrived, the court of
appeal may postpone the appellate consideration of the case.
Article 271. Procedure for consideration of an appeal against a
judgment of the court of first instance
1. Appeals against judgments of the court of first instance shall be
considered in the manner prescribed for the consideration of appeals against
judgments of the court of first instance, taking into account the specific
aspects defined in this Article.
2. Appeals against judgments of the court of first instance, specified
in Paragraphs 1, 5, 6, 8, 9, 12, 18, 31, 32, 33, 34, Part 1, Article 255 of this
Code, shall be considered by the court of appeal without notifying the case
parties.
Taking into account the specific circumstances of the case, the court of
appeal may consider such appeals in court hearing with the notification of
the case parties.
3. In cases of revocation by the court of appeal of the rulings to refuse
to commence proceedings or a statement on the commencement of
bankruptcy proceedings, to return the statement of claim or application to
commence bankruptcy proceedings, to suspend the proceedings, to close the
proceedings, to leave the claim without consideration or leave the
application in bankruptcy proceedings without consideration, the case
(application) shall be referred to the court of first instance.
Article 272. Procedure for consideration of an appeal received by
the court of appeal after the end of the appellate case consideration
1. If the court of appeal receives the appeal after the end of the
appellate case consideration, and the person who filed the appeal was not
present during the appellate case consideration, the court shall consider the
relevant appeal under this chapter.
2. In the event of the opening the appellate proceedings on such an
appeal, the court of appeal may suspend the validity of the previously
adopted order and the judgment adopted by the court of first instance under
appeal.
3. Based on the results of consideration of the appeal, the court shall
issue a resolution under Article 282 of this Code. In this case, if there are
grounds, the previously adopted resolution of the court of appeal may be
revoked.
4. The court of appeal shall consider the appeal referred to in Part 1 of
this Article within the scope of arguments that were not considered during
the appellate case consideration upon the appeal of another person.
5. The court shall refuse to open proceedings on an appeal filed under
Part 1 of this Article, if the court has considered the arguments presented in
it during the appellate case consideration upon the appeal of another person.
Article 273. Period for the appeal consideration
1. An appeal against a judgment of the court of first instance shall be
considered within 60 days from the date of delivery of the ruling on the
commencement of appellate proceedings in the case.
1. An appeal against a ruling of the court of first instance shall be
considered within 30 days from the date of delivery of the ruling on the
commencement of appellate proceedings in the case.
 3. An appeal against a ruling, resolution of the court of first instance in
bankruptcy (insolvency) when provided for by the Law of Ukraine “On
Restoring a Debtor's Solvency or Recognising It Bankrupt” shall be
considered within 60 days from the date of delivery of the ruling to open
appeal proceedings in the case.
70.The legal procedure of appeal of the rulings of Economic
court.
Правовий порядок оскарження ухвал господарського суду.
Appeal appeal
According to Art. 253 of the Code of Economic Procedure of Ukraine,
the court of appeal in economic cases is the appellate economic court,
within the limits of which appellate district (territory covered by the powers
of the relevant appellate economic court) is the local economic court that
passed the contested court decision, unless otherwise provided herein by the
Code.
The Supreme Court reviews in an appeal procedure the court decisions of
the appellate commercial courts, adopted by them as courts of first instance.
The Appellate Chamber of the Supreme Court on Intellectual Property
Issues reviews in an appeal procedure the court decisions adopted by the
Supreme Court on Intellectual Property Issues. " notification of the
commencement of the work of the High Court on Intellectual Property in
accordance with Clause 1 of Section X of this Code).
Right of appeal:
Participants in the case, persons who did not take part in the case, if the
court decided the issue of their rights, interests and (or) duties, have the
right to file an appeal against the decision of the court of first instance.
Decisions of the court of first instance are challenged in the appeal
procedure separately from the court decision only in the cases provided for
in Article 255 of this Code. Appeals against court decisions, which are not
provided for in Article 255 of this Code, are not allowed separately from the
court decision.
After the opening of appeal proceedings based on the appeal of a person
who did not participate in the case, but the court decided the issue of his
rights, interests and (or) obligations, such a person enjoys the procedural
rights and bears the procedural obligations of a participant in the case.
Appeals against decisions of the court of first instance:
Separately from the decision of the court of first instance, the decisions of
the court of first instance may be appealed in the appeal procedure:
1) on refusal to issue a court order;
2) on provision of evidence, refusal to provide evidence, cancellation of the
decision on provision of evidence;
3) on securing a claim, replacing the measure of securing a claim;
4) on the cancellation of securing a claim or refusal to secure a claim,
refusal to cancel or replace measures to secure a claim;
5) on counter security, change or cancellation of counter security;
6) about returning the application to the plaintiff (applicant);
7) on refusal to initiate proceedings in the case;
8) on transferring the case to another court;
9) on refusal to renew or extend the missed procedural term;
10) on approval of the settlement agreement;
11) on appointment of expertise;
12) on stopping the proceedings in the case;
13) on closing the proceedings in the case;
14) on leaving the claim (application) without consideration;

15) separate resolution;
16) on the collection of a fine in the manner of procedural coercion;
17) in cases of bankruptcy (insolvency) in cases provided for by the Law of
Ukraine "On restoring the debtor's solvency or declaring him bankrupt";
18) about making or refusing to make corrections to the decision;
19) on refusal to adopt an additional decision;
20) on clarification or refusal to clarify the court decision;
21) on the refusal to open proceedings due to newly discovered or
exceptional circumstances;
22) on renewal, refusal to renew the missed deadline for submitting an order
for execution;
23) about making or refusing to make corrections to the executive
document, recognizing or refusing to recognize the executive document as
unenforceable;
24) regarding postponement or installments of the execution of a decision,
resolution, resolution, change of the method and order of their execution;
25) on consideration of complaints against decisions, actions (inaction) of
bodies of the State Executive Service, state executive, private executive;
26) on the replacement or refusal to replace a party in the case (procedural
succession) or a party to enforcement proceedings;
27) on the reversal of execution or refusal to reverse execution;
28) on levy on money belonging to other persons or immovable property,
the ownership of which is not registered in accordance with the procedure
established by law;
29) regarding the temporary restriction of the right to leave Ukraine;
30) on determining the share of the debtor's property in the property he
owns jointly with other persons;
31) on the refusal to open proceedings in the case of annulment of the
decision of the arbitration court;
32) on the return of the application for annulment of the decision of the
arbitration court;
33) on the return of the application for the issuance of an order based on the
decision of the arbitration court without consideration;
34) on leaving without consideration the application for the restoration of
the lost court proceedings;
35) on the restoration or refusal to restore a completely or partially lost
court proceeding.
Appeals against the rulings of the court of first instance may be filed by the
parties in accordance with this Code and the Law of Ukraine "On restoring
the debtor's solvency or declaring him bankrupt".
Objections to resolutions that are not subject to appeal separately from the
decision of shall be included in the appeal against the court decision.
Deadline for appeal:
1. An appeal against a court decision is filed within twenty days, and
against a court decision - within ten days from the day of its announcement.
If only the introductory and final parts of the court decision were
announced at the court session, or if the case was considered (resolution of
the issue) without notification (summons) of the participants in the case, the
specified term is calculated from the date of the full court decision.

A party to a case who was not served with a full court decision or ruling on
the day of its announcement or conclusion has the right to renew the missed
deadline for an appeal:
1) court decision - if the appeal is filed within twenty days from the date of
delivery of the full court decision;

2) court rulings - if the appeal is filed within ten days from the date of
delivery of the corresponding court ruling.

The term for an appeal may also be renewed in case of omission for other
valid reasons, except for the cases specified in the second part of Article
261 of this Code.
According to Article 257 of the Economic Procedure Code of Ukraine, an
appeal is submitted directly to the court of appeal.
Article 275. Powers of the court of appeal
1. Based on the results of the appeal consideration, the court of appeal
shall have the right:
1) to leave the judgment unchanged and dismiss the appeal;
71.Powers of the Court of Appeal. 2) to revoke the judgment in whole or in part and adopt a new
judgment in the relevant part or change the judgment;
Повноваження апеляційного суду. 3) to declare invalid the judgment adopted by the court of first instance
in whole or in part in the cases provided for by this Code and close the
proceedings in the relevant part;
4) to cancel the judgment in whole or in part, and in the relevant part
close the proceedings in the case in whole or in part, or leave the statement
of claim without consideration in whole or in part;
5) to revoke the judgment and send the case for consideration to
another court of first instance under the established jurisdiction;
6) to revoke the judgment, which prevents further proceedings in the
case, and send the case for further consideration to the court of first
instance;
 7) in the cases provided for by this Code, revoke its resolution (in
whole or in part) and adopt one of the judgments specified in Paragraphs 1–
6, Part 1 of this Article.
Article 276. Grounds for dismissal of the appeal and leaving the
judgment unchanged
1. The court of appeal shall dismiss the appeal and the leave the
judgment unchanged if it finds that the court of first instance has adopted a
judgment in compliance with the rules of substantive and procedural law.
Article 277. Grounds for judgment revocation in whole or in part
and adoption of a new judgment in the relevant part or change of a
judgment
1. The grounds for judgment revocation in whole or in part and
adoption of a new judgment in the relevant part or change of a judgment
shall be:
1) incomplete clarification of the circumstances relevant to the case;
2) unproven circumstances relevant to the case, which the court of first
instance found established;
3) inconsistency of the conclusions set forth in the judgment of the
court of first instance with
4) violation of procedural law or incorrect application of substantive
law.
2. Incorrect application of substantive law shall mean:
misinterpretation of the law, or application of the law that is not applicable,
or non-application of the law that was applicable.
Violation of the rules of procedural law may be grounds for revocation
or change of a judgment, if this violation has led to incorrect case
resolution.
3. Violation of the rules of procedural law shall be a mandatory ground
for revocation of a judgment adopted by court of first instance and the
adoption of a new judgment, if:
1) the case has been considered by an unauthorised court;
2) the judge to whom the recusal was filed has taken part in the
adoption of the judgment, and the grounds for his/her recusal were
recognised by the appellate court as well-founded, if the appeal is
substantiated by such grounds;
3) the case (issue) has been considered by the commercial court in the
absence of any litigant, not duly notified of the date, time and place of the
court hearing (if such notification is mandatory), if such litigant
substantiates his/her appeal on such grounds;
4) the court has adopted a judgment regarding the rights, interests and
(or) obligations of persons who were not involved in the case;
5) the judgment has not been signed by any of the judges or has not
been signed by the judges specified in the judgment;
6) the judgment has been adopted by judges who were not members of
the panel that considered the case;
7) the court has considered in the order of simplified action
proceedings the case which was subject to consideration according to the
rules of general action proceedings.
4. A change in a judgment may consist in supplementing or changing
its reasoning and (or) operative parts.
Article 278. Grounds for revocation of the judgment in whole or in
part with the closure of the proceedings or leaving the claim without
consideration in the relevant part
1. A judgment of the court of first instance adopted as a result of the
case consideration shall be revoked in whole or in part under appellate
procedure, leaving the claim without consideration or closing the
proceedings in the case in the relevant part on the grounds provided for by
the Articles 226 and 231 of this Code.
2. Violation of the rules of the commercial courts jurisdiction, defined
in Articles 20–23 of this Code, shall be a mandatory ground for revocation
of the decision, regardless of the arguments of the appeal.
3. If the court of first instance has adopted a lawful and reasonable
judgment, the death of an individual who is a party to the dispute or
termination of a legal entity who is a party to the dispute, which does not
allow succession, after the adoption of such a judgment may not be grounds 4) violation of procedural law or incorrect application of substantive
for applying Part 1 of this Article. law, which has led to the erroneous decision.
4. If the court of appeal closes the proceedings by virtue of Paragraph
1, Part 1, Article 231 of this Code, the court on the plaintiff's application 72.Decisions of the Court of Appeal.
under written proceedings shall decide to transfer the case to the court of
first instance, which has jurisdiction over such a case, except in cases of Рішення апеляційного суду.
merging into one proceeding of several claims that are subject to
consideration in different proceedings. If there are grounds for the
jurisdiction of the case, the plaintiff at his/her choice in his/her application
shall indicate only one court, whose jurisdiction includes the resolution of
the dispute.
Article 279. Grounds for judgment revocation and referral of the
case for consideration to another court of first instance under the
established jurisdiction
1. A judgment being a result of consideration of a case shall be subject
to revocation with the referral of the case for consideration under the
jurisdiction established by law, if the judgment has been adopted by a court
in violation of the rules of territorial jurisdiction.
2. The case shall not be subject to a new consideration due to violations
of the rules of territorial jurisdiction, if the case party who filed the appeal,
when considering the case by the court of first instance did not declare non-
jurisdiction of the case without reasonable grounds.
Article 280. Grounds for revocation of a court ruling, which
prevents further proceedings in the case, and referring the case for
further consideration to the court of first instance
1. The grounds for revocation of a court ruling, which prevents further
proceedings in the case, and referring the case for further consideration to
the court of first instance shall be:
1) incomplete clarification by the court of the circumstances relevant to
the case;
2) unproven circumstances relevant to the case, which the court of first
instance considers established;
3) inconsistency of the court's conclusions with the circumstances of
the case;
 Article 281. Procedure for adoption of judgments by the court of
appeal
1. Following the appeal review, the court of appeal shall adopt
judgments in the form of resolutions in accordance with the requirements
defined in Article 34 and Chapter 9, Section III of this Code, taking into
account the specific aspects specified in this Chapter.
2. Procedural issues related to the motion of the case, petitions and
applications of the case parties, issues of adjournment of the case,
announcement of a break, suspension of proceedings, as well as in other
cases provided by this Code, shall be resolved in the court of appeal by
adopting the rulings in the order determined by this Code for adoption of
rulings by the court of first instance.
3. The resolution or ruling of the appellate court shall be executed by
the judge-rapporteur (another judge if the judge-rapporteur does not agree
with the resolution/ruling) and signed by all judges defined to consider the
case, unless otherwise provided for by this Code.
 Article 282. Resolution of the court of appeal
1. The resolution of the court of appeal shall consist of:
1) introduction where the following shall be stated:
a) date and place of its adoption, case number;
b) the name of the court of appeal, the names and initials of the judges
and the secretary of the court hearing;
c) names (titles) of the parties and the person who filed the appeal;
d) the name of the court of first instance, whose judgment is being
appealed, the date of the judgment, surname and initials of the judge
(judges); time and place of its adoption, the date when the full text of the
judgment has been executed;
2) the descriptive part containing:
a) the summary of claims and the judgment adopted by the court of
first instance;
b) the summary of appellate claims;
b) generalised arguments of the person who filed the appeal;
d) generalised arguments and objections of other case parties;
3) the reasoning part indicating:
a) the undisputed circumstances established by the court of first
instance, as well as circumstances established by the court of appeal and
legal relations determined in accordance with them;
b) the arguments according to which the court of appeal agreed or
disagreed with the conclusions of the court of first instance;
c) the reasons for accepting or rejecting each argument stated by the
case parties in the appeal and the defence to the appeal;
d) whether and by whom the rights, freedoms or interests were
violated, not recognised or disputed, with an appeal to the court having been
submitted by a person to protect these rights or interests;
e) the conclusions based on the results of consideration of the appeal
with reference to the rules of law, followed by the court of appeal;
4) the operative part containing:
a) the conclusion of the court of appeal on the merits of the appellate
claims;
b) a new distribution of court costs incurred due to the proceedings in
the court of first instance, in case of revocation or change of the judgment;
c) the distribution of court costs incurred due to the review of the case
in the court of appeal;
d) the term and procedure for entry into force of the resolution and its
appeal.
2. The resolution of the court of appeal may be appealed under
cassation procedure in the cases provided for by this Code.
Article 283. Pronouncement of the resolution adopted by the court of
appeal
1. The resolution adopted by the appellate court shall be pronounced
under the rules established by Article 240 of this Code.
Article 284. Legal force of the resolution adopted by the court of
appeal
1. The resolution of the court of appeal shall take legal effect from the
date of its adoption.
Article 285. Service of judgments adopted by court of appeal
1. The judgments adopted by the court of appeal shall be served (issued
or sent) under the procedure established by Article 242 of this Code.
2. Duplicate judgments adopted by the court of appeal shall be reissued
by the court that considered such a case as a court of first instance.
Article 285-1. Return of the case
1. Upon completion of the appeal review, the case shall be returned
within five days to the court of first instance that considered it.
 73.The right for filing of a cassation complaint. The legal
order of filing a cassation complaint.
Право на подання касаційної скарги. Правовий порядок подання
касаційної скарги.
A cassation appeal is one of the guarantees of issuing legal legal acts by
economic courts and is an independent stage of the judicial economic
process. On the one hand, cassation proceedings in judicial economic
proceedings are limited to the verification of compliance with the norms of
material and procedural law by courts of a lower level. On the other hand,
the power of the commercial court of cassation includes the right to change
the decision of the court of first instance, the decision of the appellate
instance, as well as to cancel their decision and adopt a new one.
The cassation instance is a stage of the judicial economic process, which
provides for the verification by the economic court of the legality of judicial
acts. Which have entered into force.
A cassation appeal consists of the following stages: initiation of cassation
proceedings; preparation for consideration of a cassation appeal
(submission); judicial review of a cassation appeal (submission) and
adoption of a resolution.
The object of the cassation appeal is the decision of the local commercial
court, which has entered into force, and the decision of the appeal court.
A cassation appeal (submission) is submitted (filed) to the Higher Economic
Court of Ukraine through a local or appellate economic court, which
adopted the contested decision or resolution. According to Article 110 of
the Civil Code of Ukraine, a cassation appeal (submission) can be filed
(submitted) within one month from the date of recruitment by a decision of
a local commercial court or a decision of an appellate commercial court of
legal force.
The requirements for the content and form of a cassation appeal are
established by Art. 111 of the Civil Procedure Code of Ukraine. A cassation
appeal (submission) is submitted (filed) in writing and must contain:
1) name of the cassation instance;
2) the name of the local or appellate commercial court, the court decision of
which is appealed, the case number and the date of adoption of the decision
or resolution;
3) the name of the person submitting the complaint (submission) and the
other party (parties) in the case;
4) requirements of the person who filed the complaint (submission),
indicating the essence of the violation or incorrect application of the norms
of substantive or procedural law;
5) a list of documents attached to the complaint (submission).
74.Content of cassation complaint.
Зміст касаційної скарги.
1. A cassation appeal is submitted in writing.
2. The cassation complaint must state:
1) name of the court of cassation instance;
2) full name (for legal entities) or name (surname, first name and
patronymic) (for individuals) of the person who files a cassation appeal, his
location (for legal entities) or place of residence or stay (for individuals
persons), postal code, identification code of a legal entity in the Unified
State Register of Enterprises and Organizations of Ukraine, registration
number of the taxpayer's registration card (for natural persons), if available,
or passport number and series for natural persons - citizens of Ukraine,
contact numbers and e-mail address, if available;
3) full name (for legal entities) or name (surname, first name and
patronymic) (for individuals) of other participants in the case, their location
(for legal entities) or place of residence or stay (for individuals);
4) contested court decisions;
5) the ground(s) on which the cassation appeal is filed with the definition of
the ground(s) provided for by Article 287 of this Code.
6) requirements of the person submitting the complaint;
7) the date of receipt of a copy of the court decision of the appeal court;
8) list of documents attached to the complaint.
 75.The role of the Court of Cassation and its Powers.
Роль касаційного суду та його повноваження.
The Commercial Court of Cassation is one of the four courts of cassation
within the Supreme Court of Ukraine, which conducts cassation
proceedings in commercial cases.
Powers of the Commercial Court of Cassation as part of the Supreme Court
Judges of the Commercial Court of Cassation administer justice in
accordance with the procedure established by the procedural law, analyze
court statistics and study judicial practice in economic cases, exercise other
powers specified by law. According to the Law of Ukraine dated June 2,
2016 "On the Judiciary and the Status of Judges", the Commercial Court of
Cassation is part of the Supreme Court. In each court of cassation, court
chambers are formed to consider certain categories of cases, taking into
account the specialization of judges. In the
Commercial Court of Cassation, separate chambers are necessarily created
to consider cases regarding (about):
1) bankruptcy;
2) protection of intellectual property rights, as well as related to
antimonopoly and competition legislation;
3) corporate disputes, corporate rights and securities
The Commercial Court of Cassation has the following chambers:
1. Court chamber for consideration of bankruptcy cases.
2. Judicial chamber for consideration of cases related to the protection of
intellectual property rights, as well as related to antimonopoly and
competition legislation.
3. Judicial Chamber for consideration of cases regarding corporate disputes,
corporate rights and securities.
4. Judicial chamber for consideration of cases related to land relations and
property rights.
76.The rules of cassation consideration of the case. The limits
of consideration of the case by the court of cassation.
Правила касаційного розгляду справи. Межі розгляду
справи судом касаційної інстанції.
The court of cassation in economic cases is the Supreme Court.
Participants in the case, as well as persons who did not take part in the case,
if the court decided the issue of their rights, interests and (or) obligations,
have the right to file a cassation appeal against:
1) the decision of the court of the first instance after the appellate
review of the case and the decision of the court of the appellate
instance, except for the court decisions defined in the third part of
Article 287 of the Commercial Procedure Code of Ukraine;
2) the rulings of the court of first instance specified in clauses 3, 6, 7,
13, 14, 21, 25, 26, 28, 30 of the first part of Article 255 of the
Economic Procedural Code of Ukraine, after their revision in the
appellate procedure;
3) rulings of the appellate court on refusal to open or close appellate
proceedings, on the return of an appeal, on stopping the proceedings,
on securing a claim, replacing a measure securing a claim, on
counter-security, on refusing to make an additional decision, on
clarifying a decision or refusal in the explanation of the decision, on
making or refusing to make corrections to the decision, on the return
of an application for review of a court decision under newly
discovered or exceptional circumstances, on refusal to open
proceedings under newly discovered or exceptional circumstances,
on refusal to grant an application for review of a court decision on
newly discovered or exceptional circumstances, on the replacement
of a party in the case, on the imposition of a fine in order procedural
coercion, separate resolutions;
4) 4) rulings and resolutions of the court of first instance after their
review in the appeal procedure and resolutions of the court of appeal
in bankruptcy (insolvency) cases in cases provided for by the Law of
 Ukraine "On restoring the debtor's solvency or declaring him
bankrupt
A cassation appeal against a court decision is submitted within twenty days
from the day of its announcement.
If only the introductory and final parts of the appealed court decision were
announced at the court session, or in the case of the case being considered
(resolution of the issue) without notification (summons) of the participants
in the case, the specified term is calculated from the date of the full court
decision.
A party to the case who was not served with a full court decision on the day
of its announcement or conclusion has the right to renew the missed term
for a cassation appeal, if the cassation appeal is filed within twenty days
from the date of delivery of such a court decision.
The term for a cassation appeal can also be renewed in case of omission for
other valid reasons, except for the cases specified in the fourth part of
Article 293 of the Economic Procedural Code of Ukraine
77.Grounds for the transfer of the case to the Grand
Chamber of the Supreme Court.
Підстави для передачі справи на розгляд Великої Палати
Верховного Суду.
1. The court considering the case in the cassation procedure as part of a
panel of judges shall refer the case to the chamber to which such a panel is a
member, if this panel deems it necessary to depart from the conclusion
regarding the application of the rule of law in similar legal relations, set out
in the previously adopted decision of the Supreme Court as part of a panel
of judges from the same chamber or as part of such a chamber.
2. The court considering the case in the cassation procedure as part of a
panel of judges or a chamber shall refer the case to a joint chamber, if this
panel or chamber deems it necessary to depart from the conclusion
regarding the application of the rule of law in similar legal relations, set out
in the previously adopted decision of the Supreme Court as part of a panel
of judges from another chamber or as part of another chamber or a joint
chamber.
3. A court considering a case in the cassation procedure as part of a panel of
judges, a chamber or a joint chamber shall refer the case to the Grand
Chamber if such a panel (chamber, joint chamber) deems it necessary to
depart from the conclusion regarding the application of the law in similar
legal relations, set forth in a previously adopted decision of the Supreme
Court as part of a panel of judges (chamber, joint chamber) of another court
of cassation.
4. A court considering a case in the cassation procedure as part of a panel of
judges, a chamber or a joint chamber shall refer the case to the Grand
Chamber of the Supreme Court, if such a panel (chamber, joint chamber)
deems it necessary to deviate from the conclusion regarding the application
the rules of law in similar legal relations, set out in the previously adopted
decision of the Grand Chamber.
5. A court considering a case in the cassation procedure as part of a
collegium or chamber has the right to transfer the case to the Grand
Chamber of the Supreme Court if it concludes that the case contains an
exceptional legal problem and such transfer is necessary to ensure the
development of law and the formation of a uniform law enforcement
practice .
78.Types of proceedings for reconsideration of the Economic
court decisions, their characteristics and specialties.
Види проваджень щодо перегляду рішень господарських судів,
їх характеристика та особливості.
There are three types of commercial court decisions: judicial decision, court
order and court order.
A court decision is an enforceable act. Justice in economic affairs is a law
enforcement activity that is carried out when the subjective right loses its
certainty as a result of its violation by the obliged person. The court
decision provides a connection between a specific situation, by the rule of
law and the power of state coercion. A court decision is a procedural act-
document which
adopted in a special manner, determined by law.
The meaning of the court decision is revealed in the following:
- the decision terminates the legal dispute and completes the proceedings in
the case;
- restores the legality violated in relation to one of the parties,
legal relationship;
– the decision performs the preventive functions of justice,
is important for the general prevention of civil torts;
Procedural decisions that resolve individual procedural issues that arise
during the consideration and resolution of an economic dispute or in the
implementation of the adopted
commercial court decisions are called decisions. Procedural acts that
formalize the review results
decisions of the commercial court in appeal or cassation
order, are called resolutions.
79.Grounds for review of court decisions for newly
discovered or exceptional circumstances.
Підстави для перегляду судових рішень за нововиявленими
або виключними обставинами.
Grounds for reviewing the court decision based on newly discovered
circumstances are:
1) circumstances essential to the case that were not established by the court
and were not and could not be known to the person making the application
at the time of the case consideration;
2) established by a sentence or resolution on the closure of criminal
proceedings and the release of a person from criminal liability, which have
entered into force, the fact of providing a knowingly incorrect expert
opinion, knowingly false testimony of a witness, knowingly incorrect
translation, falsity of written, material or electronic evidence, which entailed
making an illegal decision in this case;
3) annulment of the court decision, which became the basis for the adoption
of the court decision subject to review.
3. Grounds for reviewing court decisions due to exceptional circumstances
are:
1) the unconstitutionality (constitutionality) of the law, other legal act or
their separate provision, applied (not applied) by the court when deciding
the case, if the court decision has not yet been implemented, established by
the Constitutional Court of Ukraine;
2) establishment by an international judicial institution, the jurisdiction of
which is recognized by Ukraine, of Ukraine's violation of international
obligations when the court decides this case;
3) establishment of the judge's guilt in the commission of the crime, as a
result of which the court decision was passed, by a court verdict that has
entered into legal force.
80.Legal order of filing a claim to Economic court of Ukraine
by foreign entities.
Правовий порядок подання іноземними особами позовів до
Господарського суду України.
Enterprises, institutions, organizations, other legal entities (including
foreign ones), citizens who carry out entrepreneurial activity without
creating a legal entity and have acquired the status of a subject of
entrepreneurial activity in accordance with the established procedure
(hereinafter - enterprises and organizations) have the right to apply to the
economic court in accordance with the established sub-department of
economic affairs for the protection of their violated or contested rights and
interests protected by law, as well as for taking the measures provided for
by this Code aimed at preventing offenses.
The court decision is made by the judge based on the results of discussion
of all the circumstances of the case, and if the dispute is resolved collegially
- by the majority of judges. In the same order, issues arising in the process
of consideration of the case are resolved.
None of the judges has the right to abstain from voting. The presiding judge
is the last to vote.
A judge who does not agree with the decision of the majority of the panel of
judges is obliged to sign a procedural document and has the right to express
his separate opinion in writing, which is added to the case, but not
announced.
The preparation of draft court decisions is carried out by the chairman of the
collegium of judges or, on his behalf, by any judge of this collegium.
81.Legal procedure of enforcement of Economic court
decisions
Правовий порядок примусового виконання рішень господарських
судів.
The judgments that have entered into force shall be binding on the
entire territory of Ukraine, and in cases established by international treaties,
the binding nature of which was approved as binding by the Verkhovna
Rada of Ukraine, and beyond its territory.
Failure to comply with a judgment shall be the basis for liability established
by law.
Article 327 of Economic Procedural Code have the procedure of
Enforcement of judgments
1. The judgements shall be enforced on the basis of an order issued by the
court that considered the case as a court of first instance.
The court orders shall be set out in electronic form using the Unified
Judicial Information and Telecommunication System by filling in the
appropriate forms of procedural documents provided by the Regulations on
the Unified Judicial Information and Telecommunication System and signed
by an electronic digital signature of a judge (if a case is considered by panel
of judges, it shall be signed by electronic digital signatures of all judges
who are members of the panel).
2. The basis for the entity of state registration of legal entities, individual
entrepreneurs and public associations of the judgment that has come into
legal force, shall be its duplicate in the electronic form sent to the entity of
state registration of legal entities, individual entrepreneurs and public
associations within the frameworks of information interaction between the
Unified State Register of judgments and the Unified State Register of Legal
Entities, Individual Entrepreneurs and Public Organisations, approved by
the Ministry of Justice of Ukraine together with the State Judicial
Administration of Ukraine.
3. An order, a court order, and a judgment in the cases established by this
Code, shall be the enforcement documents. An order, a court order, a
judgment shall meet the requirements for the enforcement document
established by law.
4. Within five days after the entry into force of the judgment, the
enforcement document referred to in Part 3 of this Article shall be entered
into the Unified State Register of Enforcement Documents, and its duplicate
(text) containing information about the web-address of such document in
the Unified State Register of Enforcement Documents, shall be sent to the
recoverer to his/her official e-mail address, or by a registered letter or a
registered letter with a declared value if an official e-mail address is not
available.
5. If the judgment has been adopted in favour of several plaintiffs or against
several defendants, or if enforcement should be carried out in different
places or the judgment provides for several acts, several orders shall be
issued indicating one debtor and one recoverer and specifying which part of
the judgment shall be enforced, or it shall state that the obligation or right of
recovery is joint and several.
7. In case of resolving the issue of correcting an error in the enforcement
document; recognition of the enforcement document as not subject to
enforcement; securing the enforcement of a judgment; recovery in favour of
the debtor unreasonably received by the recoverer under the enforcement
document; renewal of the missed period for submission of the enforcement
document for enforcement; postponement of enforcement or extension of
enforcement period, change or determination of method and procedure for
enforcement; foreclosure on the money belonging to third parties or the
immovable property, the ownership of which is not registered in the manner
prescribed by law; suspension of judgment enforcement (force);
replacement of a party to enforcement proceedings, the court shall enter a
relevant ruling in the Unified State Register of Enforcement Documents no
later than two days from the date of its adoption in the manner prescribed by
Part 4 of this Article.
8. If the court has taken measures to secure the claim, the court shall enter
documents available in court confirming the enforcement of the relevant
judgments into the Unified State Register of Enforcement Documents.
9. Regulation on the Unified State Register of Enforcement Documents
shall be approved by a joint regulatory act of the Ministry of Justice of
Ukraine and the State Judicial Administration of Ukraine.

The basic term for presentation of enforcement document for it enforcement

is 3 years, but in case of missed period for presentation of the order, court
order for enforcement due to the grounds recognised by the court as
reasonable, the missed period may be renewed.
The application for renewal of the missed term shall be submitted to
the court that considered the case as a court of first instance and shall be
considered in a court hearing with the notification of the case parties. Their
non-appearance shall not preclude resolution of the issue on the missed
period renewal. The court shall consider such an application within ten
days.
The court shall issue a ruling on the renewal of the period for
presentation of the enforcement document for enforcement.
Also in process of enforcement Settlement agreement is possible
A settlement agreement concluded between the parties or an
application for refusal of the recoverer from enforcement in the process of
the judgment enforcement shall be submitted in writing to the state or
private executor, who shall lodge it for approval to the court that issued the
enforcement document.
2. The issue on approval of the settlement agreement in the process
of judgment enforcement, satisfaction of the application for refusal of the
recoverer from compulsory judgment enforcement shall be resolved by the
court within ten days from the date of receipt of the relevant application.