Enforcement of court order in Ukraine
Did you win a case and do not know how to enforce the court decision in Ukraine? A judicial system is not effective if the judge's decisions are not executed. That is why, winning the court and getting a court decision is not enough. The execution of court order can be a difficult task when a defendant evades the law and ignores his legal obligations be it a debt or a compensation.
As an experienced Ukrainian lawyer, I can make sure the court decision is properly registered and enforced if your case is heard in Ukraine.
You should know that there are two options in such cases:
- The court decision was taken by the court of Ukraine.
- The court decision was taken by a foreign court concerning a defendant residing in Ukraine.
I am an experienced Ukrainian lawyer dealing with cases when the execution of court decisions has to be implemented on the territory of Ukraine.
Enforcement of court orders can refer to:
- Marriage dissolution
- Debt
- Compensation
- Property rights
- Custody
- Visitation rights
- Other legal matters.
About the execution of decisions of Ukrainian courts in Ukraine.
The procedure of enforcement has several steps. First of all, to enforce any court decision, you need to obtain not only the text of the legal decision, but also an executive document. Depending on the jurisdiction the court, the final document can an execution or a court order. For example, civil courts of general jurisdiction issue a writ of execution while specialized courts issue a court order.
Further, you need to submit an executive document to the executive service. Executive services in Ukraine can be either private or state. In my opinion, it is preferable to file with a private executive service, since they are more efficient and highly motivated. In Ukraine, enforcement services, both private and public, charge 10% as a fee for the execution of court decisions.
You should know that private enforcement services are not licensed to execute some court decisions: such as resettlement, eviction or orders against the state of Ukraine. In all other cases, private executive services have a full range of options.
About the execution of decisions of foreign courts in Ukraine.
Ukraine signed many international multilateral and bilateral legal treaties with countries of Europe, America, and Asia. Most legal treaties provide for legal jurisdictions for cases against the defendants on the territory of Ukraine and a foreign state. Therefore, there is a defined procedure when a decision is made by a foreign court is subject to execution in Ukraine.
First of all, you need to submit a petition to the court of Ukraine for the recognition and permission of the execution of the decision of a foreign court on the territory of Ukraine.
The list of required documents can vary, but in most case, you need to submit:
- A certified copy of the decision of the foreign court for enforcement.
- an official document stating that the decision of a foreign court entered into legal force (if this is not indicated in the decision itself).
- a document certifying that the defendant against whom the decision of the foreign court was made was duly notified of the time and place of the hearing.
- a document defining the terms of the foreign court decisions to be executed.
- a translation of the above-mentioned documents certified in accordance with the legislation in Ukrainian and in the language stipulated by international treaties of Ukraine.
Finally, you have to know that timing is of great importance. In Ukraine you can file a petition for the recognition and enforcement of a foreign court decision only within three years. Otherwise, its statute of legislation expires.
If you need a legal advice or assistance to enforce court decision in Ukraine, please contact me for consultation.
