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Grounds of refusal in granting a permission to enforce a foreign court decision or on what grounds can a defendant challenge recognition and enforcement of a foreign court decision in Ukraine?

Article 468 of the Civil Procedure Code of Ukraine defines the following grounds of refusal in granting a permission to enforce a foreign court decision (enforcement of foreign judgments in Ukraine):

  1. An application for permission to enforce a foreign court decision/judgement shall not be granted in the cases provided for by international agreements, the binding nature of which has been approved by the Verkhovna Rada of Ukraine (Parliament of Ukraine).
  2. If international agreements, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, do not provide for such cases, the application may be denied also in case:
  • if the decision/judgement of a foreign court under the legislation of the state in the territory of which it was rendered has not entered into force;
  • if the party in respect of whom the decision of a foreign court has been rendered has been deprived of the opportunity to participate in the court proceedings due to the fact that it was not duly and promptly notified about the hearing;
  • if the decision is made in a case, the consideration of which belongs exclusively to the competence of the court or other body authorized by Ukraine in accordance with Ukrainian law;
  • if a previously adopted decision of the court of Ukraine in a dispute between the same parties, on the same subject and on the same grounds that has entered into force, or if the court of Ukraine has a case in dispute between the same parties, on the same subject and on the same grounds, which was initiated before the opening of proceedings in a foreign court;
  • if the term of submission of a foreign court decision for enforcement in Ukraine, established by international agreements approved by the Verkhovna Rada of Ukraine, and by this Code, has been missed;
  • if the subject of the dispute under the laws of Ukraine is not subject to judicial review;
  • if the execution of the decision would threaten the public interest of Ukraine;
  • if earlier in Ukraine the permission to execute the decision of the court of a foreign state in a dispute between the same parties was recognized and granted on the same subject and on the same grounds as the decision requested for execution/enforcement

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