Recognition and enforcement of decisions of foreign courts in Ukraine

Promptness
Efficiency
Fixed price

About us

Lex Alers legal frim is a boutique law firm on the field of the recognition of the foreign courts’decisions. It means that the sole profile of our activity is the recognition and enforcement of foreign judgments in Ukraine and enforcement of Ukrainian judgments abroad.

Insofar such activity requires the implementation of ancillary functions for example property search, inspection of contractors, collection of information about partners, we also ensure the effective implementation of these and other similar activities.

We are proud to be able to enjoy such activities in which we become the leading firm.

For more than 20 years of legal experience we have formed a unique practice in our field and elaborate legal mechanisms which are applied by, among others, the judicial authorities of Ukraine. Moreover our company is involved in the process of protecting the states’ interests in international arbitration proceedings.

You will not find any our advertising in the media, because our company, as well as an experienced surgeon, skillful electrician, proficient jeweler or other master of his craft – are to be recommend by their grateful clients….

Advantages

Experience

20 years on the legal market of Ukraine. We are the ones who directly participated in the development of the procedure for recognition and enforcement of foreign decisions in Ukraine

Multilingualism

We communicate in your language

Our specialization

Recognition and enforcement of foreign decisions in Ukraine is our core business and our specialization

Fixed price

The basic payment for our services is a fixed price for the recognition of the decision. No hourly rate, we work for the result, not for the process.

Result

We have a 100% result in the recognition of foreign decisions in Ukraine

Guarantee

While providing you with our services you, we make a guarantee upon financial responsibility, that your decision will be recognized in Ukraine and allowed to the enforcement.

Trust

After contacting us, you will immediately know whether the decision of a foreign court is subject to recognition and enforcement in Ukraine

Enforcement of the decision

Enforcement of the decision – we bills upon a percentage of the result

Documentation

The following documents shall be attached to the application on recognition of a foreign court judgment:

  1. A duly notarized copy of the judgment in relation to which the application is submitted;
  2. The official confirmation of the fact that the judgment came into force (in the event if this is not clear from the text of the judgment);
  3. A document certifying that the party against whom a foreign court judgment was made and which did not participate in a court hearing, have been properly notified of the time and place of a court hearing;
  4. A document certifying the date from which or in what part the judgment shall be enforced (if the judgment was partly performed);
  5. A document certifying the authority of the representative (in the event if the application is submitted by a representative of the applicant)
  6. A duly certified translation into Ukrainian of the above documents.

Procedure for recognition of a foreign court decision in Ukraine

The main condition for recognition of a foreign decision in Ukraine

Recognition and enforcement of foreign court judgments in Ukraine is also possible on the ground of reciprocity principle. Thus, existence of such principle on bilateral recognition of court judgments is presumed, if otherwise is not evidenced in each specific case.

However, it should be noted that this principle was introduced only as of 16 February 2010 following adoption of amendments in the Civil Procedure Code of Ukraine. Prior to that date, only ad hoc principle was recognised in Ukraine, i.e. recognition and enforcement of foreign court judgments, except under international treaties, was only possible in special cases under certain limited conditions.

Following this page you will find a step-by-step description of the procedure for recognizing the decision of a foreign country in Ukraine with a list of required documents, listed above.

Term

The procedure for recognition of a foreign court judgment in Ukraine might be commenced within three years following entry into force of the relevant foreign judgment.

The location of the debtor in Ukraine is unknown

If the debtor does not have the permanent location in Ukraine, or such location is unknown, application on recognition of a foreign court judgment can be submitted at the place of location of the property of such debtor.

An official document of the relevant officer/authority serves as confirmation of the fact that the property of the debtor is located in Ukraine.

For example, the official letter of the port administration will serve as confirmation of location of a sea vessel on the territory of Ukraine or in its internal water or ports.

Location

In Ukraine, application on recognition and enforcement of a foreign court judgment is considered by the courts of general jurisdiction at the place of location of the debtor.

Court decision on recognition of a foreign decision in Ukraine

After submitting the above listed documents, the Ukrainian court, considers the case under an abbreviated procedure. The court issues a Ukrainian court order on the recognition and allowance to enforcement of a court decision in Ukraine in accordance with the decision of a foreign court.

Actual enforcement

A foreign court judgment might be enforced in Ukraine within three years following entry into force of the relevant foreign judgment.

The exceptions are judgments on collection of periodic payments. Such judgments could be submitted for enforcement at any time, but enforcement might be taken only in relation to payments for the last three years prior to the enforcement date.

Enforcement of a foreign court judgment on the territory of Ukraine is carried out on par with a Ukrainian court judgment by the enforcement authorities in accordance to the Law of Ukraine ‘On Enforcement’.

Contact us

    In legal matters, you should not turn to common sense, but to lawyers

    Robert Lembke

    Contacts

    serafimlawyers

    +38 (063) 546-77-09

    Khmelnitskiy,
    Razina str. 8, 29000, Ukraine

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