DEMAND FOR THE ELIMINATION OF VIOLATIONS WITHIN THE FRAMEWORK OF PRE-COURT SETTLEMENT OF THE DISPUTE

Litigation is a rather painstaking and time-consuming procedure. A case in court can be considered from several months to several years. Of course, there are situations that cannot be avoided without going to court. But the court is not always a panacea for all problems. It should be understood that many cases can be settled with the help of pre-trial settlement.

Pre-trial settlement of a dispute is a set of actions aimed at resolving a conflict situation without recourse to judicial authorities. In other words, it is an exchange of letters, claims and requirements for the fulfillment of obligations by one of the parties voluntarily.

If there is no mandatory requirement for pre-trial settlement of the dispute in the civil procedural legislation, then in Art. 5 of the Economic Code of Ukraine states that the parties resolve the dispute in a pre-trial procedure by agreement. For example, in the contract, the parties can stipulate that pre-trial settlement of the dispute is mandatory for the parties. And then, before going to court, you need to take actions to resolve the conflict yourself.

How to resolve a dispute in a pre-trial procedure?

The Economic Code of Ukraine indicates that a participant in economic relations in case of violation of his legal right or interest must contact the offending party with a written demand or claim.

The claim must meet certain criteria. The claim of the party must be indicated, duly certified documents, debt calculation, etc. must be submitted. It should be noted that if the other party has copies of the documents, certified copies may not be sent with the request. The consideration of the request and the sending of the response to it must be carried out within the period indicated in the request, but no later than one month from the date of its receipt.

The party that sent the request is notified in writing about the consideration of the request.

As can be seen from the above, pre-trial dispute settlement is a difficult process. It also requires special attention and knowledge. Because if the procedure for submitting a claim or the mandatory requirements that must be specified in it are violated, there is a risk that such a claim will be rejected.

Therefore, it is worth noting that the preparation of the requirement in the pre-trial settlement of the dispute should be approached with special attention and seriousness. Do not neglect the help of specialists in this matter. After all, the structure of the enterprise does not always have a lawyer who can prepare such documents.

Some use ready-made templates from the Internet, and some assign such duties to an accountant or other employee. But not always an employee without professional skills can perform such work qualitatively. In such situations, it is worth contacting a lawyer or a lawyer who specializes in pre-trial dispute settlement.

The advantage of pre-trial settlement of the dispute:

• quick resolution of a problematic issue;
• reduction of costs for consideration of the case in court.

Therefore, timely and high-quality pre-trial settlement of the dispute is the key to obtaining the desired result.