Dispute Resolution

The use of pre-trial dispute resolution mechanisms is the fastest and least costly way to resolve a conflict between the parties to an agreement in a peaceful manner. In a pre-trial procedure, one can attempt to resolve a dispute without involving specialists (a lawyer, an attorney) and find a mutually acceptable solution through negotiations.

If the path of resolving the conflict through negotiations does not lead to a compromise between the parties, then it is necessary to formalize the process and move on to other pre-trial methods of protecting one’s violated rights in Ukraine, which include the claims procedure and the relatively new method—mediation, which is a special out-of-court procedure for resolving a conflict (dispute) regulated by the special Law of Ukraine “On Mediation” No. 1875-IX dated November 16, 2021. In this article, we propose to examine in more detail some specifics of the most common pre-trial dispute resolution method in Ukrainian practice, namely the submission of a claim.

According to the general rule, participants in business relations who have violated the property rights or lawful interests of other entities are obliged to restore them without waiting for a claim to be filed against them or for a court appeal. The claims procedure for protecting one’s violated rights is an additional means of legal protection, and its use is generally voluntary. However, in some cases directly provided for by law, the use of this means is mandatory.

Mainly, such mandatory norms are contained in the international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine, which, in accordance with Article 19 of the Law of Ukraine “On International Treaties of Ukraine” No. 1906-IV dated June 29, 2004, are part of the national legislation. Furthermore, if such treaties establish rules different from those provided by the legislation of Ukraine, the rules of the international treaty apply. As an example, one can cite Article 31 of the Convention for the Unification of Certain Rules for International Carriage by Air, the binding nature of which was consented to by the Verkhovna Rada of Ukraine through accession according to the Law No. 685-VI dated December 17, 2008. This article clearly states that a person entitled to delivery of damaged baggage or cargo must submit a claim to the carrier immediately after discovering the damage and no later than seven days from the date of receipt of checked baggage and fourteen days from the date of receipt of the cargo. In the absence of a claim within the aforementioned periods, no actions may be brought against the carrier except in the case of fraud on the part of the carrier.

The procedure for submitting a claim and the requirements for it are regulated by Article 222 of the Commercial Code of Ukraine. Thus, a claim must contain:

  • The full name and postal details of the claimant and the person(s) against whom the claim is brought;
  • The date of submission and the number of the claim;
  • The circumstances on which the claim is based;
  • Evidence confirming these circumstances;
  • The claimant’s demands with reference to regulatory acts;
  • The amount of the claim and its calculation, if the claim is subject to monetary valuation;
  • The claimant’s payment details, as well as a list of documents attached to the claim.

It should be noted that all documents confirming the claimant’s demands are attached in original form or in duly certified copies. Documents that are in the possession of the other party may not be attached to the claim, but this must be stated in the text of the claim. It is also necessary not to forget to add to the claim separate calculations of penalties or losses incurred (if such demands are made in the claim), as well as expert opinions, witness statements, and other material evidence (if available).

Failure or improper fulfillment of the condition of mandatory pre-trial dispute resolution (deadlines, procedures, etc.) may result in the statement of claim being returned by the judge. Such a judge’s right is provided for in Article 174 of the Commercial Procedural Code of Ukraine. Considering this, the law firm “FIRST LEGAL” recommends not to neglect high-quality legal support and to seek consultation as soon as you learn of a violation of your right, even at the stage of choosing a possible method of protecting your rights, so as not to make irreparable mistakes, the cost of which can be high, or to miss important procedural deadlines, after which judicial protection will be entirely impossible or significantly complicated.

The advantages of seeking services from the consulting company “FIRST LEGAL”, located in the city of Kyiv, even before the stage of judicial review of the dispute, lie in the fact that your case will be handled by highly qualified professionals who will not overlook the smallest details of the situation. Moreover, you can obtain a consultation or hire lawyers and attorneys in Kyiv and throughout Ukraine for quality support as soon as possible online by visiting the website of the law firm “FIRST LEGAL” or by calling the phone numbers listed on the website. The client-oriented approach of the law firm “FIRST LEGAL” and its high quality of service are evidenced by numerous client reviews, which may be supplemented by your feedback based on the services received. Do not hesitate, contact us and we will help you!