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Recognition and enforcement of decisions of foreign courts in Ukraine
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
Documentation
The following documents shall be attached to the application on recognition of a foreign court judgment:
- A duly notarized copy of the judgment in relation to which the application is submitted;
- 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);
- 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;
- A document certifying the date from which or in what part the judgment shall be enforced (if the judgment was partly performed);
- A document certifying the authority of the representative (in the event if the application is submitted by a representative of the applicant)
- A duly certified translation into Ukrainian of the above documents.
Procedure for recognition of a foreign court decision in Ukraine
Contact us
In legal matters, you should not turn to common sense, but to lawyers
Robert Lembke
Contacts
office-serafimlawyers(at)proton.me
serafimlawyers
+38 (067) 537-04-09
1. Office in Khmelnytskyi,
Address:
Olzhycha str. 8, 29000,
Khmelnytskyi, Ukraine
2. Office In Kyiv
Rudanskogo str. 4-6
Office 77,
Kyiv, 04112, Ukraine
Services
In order to enforce a decision of a court of a foreign state on the territory of Ukraine, it is necessary to fulfill the procedure of its recognition by the court of Ukraine as a decision subject to enforcement in Ukraine. We carry out the entire procedure of legalization of a foreign decision in Ukraine, i.e. its recognition by the justice of Ukraine. You need just to provide us with a power of attorney to conduct the procedure on the recognition of a court decision in Ukraine and a decision that must be recognized in Ukraine.
After having finalized the procedure of recognition of a foreign court decision in Ukraine, we obtain the relevant court’s decision of Ukraine “On the admission of a foreign court decision (for example: court decision of Germany, Austria, France, USA, England, Poland, Italy, France, Australia, New Zealand, UAE, Turkey or another foreign countries) to its enforcement on the territory of Ukraine. In the vast majority of cases, we manage to conclude with the opposite party the settlement agreement on the voluntary execution of the appropriate court decision in Ukraine. Only some part of foreign decisions, that have been recognized to its enforcement in Ukraine, are to be enforced by us in the way of a compulsory execution. Compulsory enforcement of a court decision consist of such measures as a seizure of the debtor’s bank accounts, seizure and forced sale of debtor’s property, imposition of an abroad travel ban on the debtor until the court decision is executed completely as well as other restrictive measures.
However we emphasize that the above listed measures are applied by us in exceptional cases. We are confident that civilized dialogue, mediation, compromise between the parties is the key to success in the real and effective enforcement of a foreign court decision in Ukraine.
After having finalized the procedure of recognition of a foreign arbitral award in Ukraine, we obtain the relevant court’s decision of Ukraine “On the admission of a foreign arbitral award (for example: arbitral award of Germany, Austria, France, USA, England, Poland, Italy, France, Australia, New Zealand, UAE, Turkey or another foreign arbitral court) to its enforcement on the territory of Ukraine. In the vast majority of cases, we manage to conclude with the opposite party the settlement agreement on the voluntary execution of the appropriate arbitral award in Ukraine. Only some part of foreign arbitral decisions, that have been recognized to its enforcement in Ukraine, are to be enforced by us in the way of a compulsory execution. Compulsory enforcement of a foreign arbitral decision consist of such measures as a seizure of the debtor’s bank accounts, seizure and forced sale of debtor’s property, imposition of an abroad travel ban on the debtor until the arbitral decision is executed completely as well as other restrictive measures.
However we emphasize that the above listed measures are applied by us in exceptional cases. We are confident that civilized dialogue, mediation, compromise between the parties is the key to success in the real and effective enforcement of a foreign arbitral award in Ukraine.
The vast majority of foreign court decisions that are recognized to their enforcement in Ukraine relate to the recovery of monetary debts on the territory of Ukraine. Most often, we ensure the repayment of debts under the supply contracts of various products and services, i.e. supply contracts in the agricultural sector, IT and IP sectors, in the field of mechanical engineering and the financial sector. Our company is preferred by insurance companies of the European Union (mainly Germany, Poland, Austria, and France). In 2020, we also ensured the recognition and enforcement on the territory of Ukraine of the decision of the Hungarian court to recover in favor of the Hungary’s insurance company debts under recourse procedure.
We ensure the execution of foreign decisions on the recovery of alimony or other periodic payments. This category of cases also undergoes the standard procedures for the recognition and admission to enforcement of a foreign court decision on the territory of Ukraine.
As a separate service or one of the services in the framework of the recognition and enforcement of a foreign court decision in Ukraine, we ensure the search for the debtor’s property in Ukraine.
Before initiating the procedure of the recognition and enforcement of a foreign decision in Ukraine, it is useful to verify the fact whether the debtor, for example, a legal entity possess a property, upon which a foreign court decision can be enforced. For example, a legal entity may be in the process of liquidation / bankruptcy, in particular at the stage when the liquidation estate was formed and released. In such case, though the procedure of recognition of a foreign decision will be successful, however the enforcement of a foreign decision may occur ineffective.
As a separate service or one of the services in the framework of the recognition and enforcement of a foreign court decision in Ukraine, we ensure the search for the place of stay or residence of the debtor in Ukraine.
Before initiating the procedure of recognition and enforcement of a foreign court decision in Ukraine, it is useful to verify whether the debtor actually still resides in Ukraine. For example, the legal entity might be liquidated or the firm does not operate in Ukraine anymore. We also establish the fact of residence of a natural person in Ukraine, the presence of appropriate registration of the place of residence of the debtor, the person’s place of work etc.
Apart from the recognition and enforcement of a foreign court decision in Ukraine, we verify information about your current counterparty in Ukraine. For example: whether the legal entity you cooperate with is duly registered, is registered with the tax and other fiscal authorities of Ukraine, whether such a company provides actual activities or in which lawsuits for recovery of debts such company acts as the Defendant. We provide information regarding the empowerments of the director or other representative bodies and their limitations/scopes for concluding of foreign economic contracts or other transactions. We search for other information you need for the effective cooperation with your partner in Ukraine.
Apart from the recognition and enforcement of a foreign court decision in Ukraine, we verify information about your potential counterparty in Ukraine. For example: whether the legal entity you just only intend to cooperate with is duly registered, is registered with the tax and other fiscal authorities of Ukraine, whether such a company provides actual activities or in which lawsuits for recovery of debts such company acts as the Defendant. We provide information regarding the empowerments of the director or other representative bodies and their limitations/scopes for concluding of foreign economic contracts or other transactions. We search for other information you need for the effective cooperation with your partner in Ukraine.
One of the grounds of refusal to recognize and enforce a foreign judgment in Ukraine is the lack of adequate evidence that the person against whom the foreign judgment is to be enforced in Ukraine was informed about the trial and notified in advance by a foreign court.
A person may willfully evade receiving postal or court notices concerning him or her or may not receive such notices from circumstances beyond his or her control.
We help you to notify a person regarding a court hearing in another country and ensure that you gather appropriate evidence that the person was informed in advance and fully about such a hearing.
Thus, at the stage of opening of the procedure of recognition and admission to enforcement of a foreign court decision in Ukraine, the grounds for denial of the application for admission to enforcement of a foreign court decision in Ukraine due to lack of evidence of proper notification of the opponent about the court session will be absent.
We solve many other problematic issues for our clients from other countries in connection with the recognition and enforcement of foreign judgments in Ukraine or other circumstances related to this procedure. We stand on the principle fast and efficient!