Interim measures in the case of recognition and enforcement of the foreign court decision in Ukraine

The court, upon the application of the person applying for permission to enforce the decision of a foreign court, may take measures to secure the claim provided for by civil procedural code of Ukraine. Securing the claim is allowed at any stage of consideration of such a request, if failure to take measures to secure the claim may complicate or prevent the enforcement of the foreign court decision.

The particular interim measures that can be granted by Ukrainian courts while considering the case on recognition of foreign court’s decision are as follows:

• seizure of property and (or) funds belonging to the defendant or which are subject to transfer or payment to the defendant and held by him or other persons;
• prohibition to perform certain actions;
• establishing an obligation to take certain actions;
• a prohibition on other persons to take action on the subject matter of the dispute or to make payments, or to transfer property to the defendant or to perform other obligations in respect of him;
• suspension of the sale of the seized property, if a claim has been filed for recognition of the right of ownership of this property and for lifting the seizure from it;
• suspension of recovery on the basis of an executive document, which is challenged by the debtor in court;
• transfer of the thing, which is the subject of the dispute, for storage to other persons who have no interest as a result of resolving the dispute;
• suspension of customs clearance of goods or items;
• arrest of a seagoing vessel carried out to secure a maritime claim;
• prohibition to perform certain actions;
• establishing an obligation to take certain actions;

The courts, while considering the case on recognition of foreign court’s decision may order several types of interim measures in the same case, provided these interim measures are adequate and proportional to the claim on the merits. For example, the courts can freeze the respondent’s funds and at the same time issue an injunction prohibiting the respondent from performing certain actions. The courts are not limited to an exhaustive list of interim measures and can potentially apply measures which are not directly listed in the rules of procedure provided that these rights cannot be protected by the interim measures expressly listed in the procedural code.

“Recognition and enforcement of foreign court decisions in Ukraine”