Execution of the decision of the Ukrainian court abroad

Globalization of the economy and international relations has led to an increase in cross-border litigation. In this regard, the issue of enforcing Ukrainian court decisions abroad is becoming increasingly relevant. Let us consider the main aspects and procedures related to the enforcement of Ukrainian court decisions in other countries.

Legal basis

The enforcement of foreign court decisions is regulated by both state legislation and international treaties. Ukraine is a party to several international conventions related to this issue, in particular:

• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958)
• Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minsk Convention, 1993)

In addition, Ukraine has bilateral treaties on legal assistance with many countries.

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Procedure of execution

The process of enforcing a Ukrainian court decision abroad usually includes the following stages:

1. Obtaining permission for enforcement in the country where the decision is planned to be enforced.
2. Filing an application for recognition and enforcement of the decision with the competent court or other body of a foreign state.
3. Consideration of the application by the court of a foreign state.
4. In the event of a positive decision, enforcement of the decision in accordance with the legislation of that country.

Documents required to enforce a Ukrainian court decision abroad

• Original or certified copy of a court decision
• Document confirming the entry into force of the decision
• Document confirming proper notification of the parties of the court proceedings
• Document on partial execution of the decision (if any)
• Certified translation of all documents into the language of the country of execution

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Possible obstacles to the execution of the decision

• Differences in the legal systems of the countries
• Absence of international treaties between Ukraine and the country of execution
• Violation of the procedure of judicial proceedings in Ukraine
• Contradiction of the decision with the public order of the country of execution

Recommendations

To increase the chances of successful enforcement of a Ukrainian court decision abroad, it is recommended:

• Carefully observe procedural rules when considering a case in Ukraine
• Ensure that all parties are properly notified of the trial
• Consult with lawyers in the country where the decision is planned to be executed
• Consider the specifics of the legislation and judicial practice of the country of execution

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Legal support "Prikhodko and Partners"

The law firm "Prikhodko and Partners" can provide a wide range of services for the execution of a Ukrainian court decision abroad:

1. Consulting and analysis:

• Assessing the prospects for enforcement of a judgment in a specific country
• Analyzing a judgment for compliance with international standards
• Explanation of the procedures and requirements of the country where enforcement of the judgment is planned

2. Preparation of documents:

• Collection of necessary documents for filing an application for recognition and enforcement of a decision
• Registration and legalization of documents in accordance with the requirements of the country of execution
• Organization of translation of all necessary documents

3. Representation of interests:

• Filing an application for recognition and enforcement of a decision to the relevant authorities of a foreign state
• Representation of the client's interests in foreign courts and other authorities
• Participation in court hearings and other procedural actions

4. Support of enforcement proceedings:

• Interaction with enforcement authorities in a foreign state
• Control over the progress of enforcement proceedings
• Taking measures to search for the debtor's property abroad

5. Legal expertise:

• Analysis of international treaties and national legislation of the country of implementation
• Preparation of legal conclusions on the possibility of implementing the decision

6. Mediation and Negotiation:

• Conducting negotiations with the debtor on voluntary execution of the decision
• Organization of mediation procedures to reach a compromise

7. Strategic planning:

• Development of a comprehensive strategy for the execution of a decision, taking into account the specifics of a particular case and the country of execution
• Risk assessment and development of alternative courses of action

8. Post-trial support:

• Assistance in receiving and distributing recovered funds or property
• Resolving issues related to the taxation of funds received

The law firm "Prikhodko and Partners" consists of a strong team of specialists, therefore it can significantly increase the chances of successful execution of the decision of the Ukrainian court abroad and ensure effective protection of the client's interests in the international legal field. Fill out the form below to get a consultation.