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Head of criminal law practice
Expert in the field of criminal, administrative and civil law. Specializes in military crimes and crimes in the financial sector
Debt collection from a foreigner
Debt collection from a foreigner
Artem Kovalev
For the average citizen, the issue of debt collection from a foreigner may seem extremely difficult, given the status of such a debtor. But is it really that complicated?
The legislator defines a foreigner as a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states. Foreigners may stay or reside on the territory of Ukraine by acquiring one of the following statuses: foreigners and stateless persons legally staying on the territory of Ukraine, foreigners and stateless persons permanently residing in Ukraine, foreigners and stateless persons who are temporarily are on the territory of Ukraine, foreigners and stateless persons temporarily residing in Ukraine.
Article 26 of the Constitution of Ukraine stipulates that foreigners and stateless persons legally staying in Ukraine enjoy the same rights and freedoms and bear the same obligations as citizens of Ukraine.
The consideration of cases with a foreign element is carried out according to the "law of the court", ie the law of the country within the jurisdiction of which the court conducts the proceedings is applicable.
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