Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Making claims
When business disputes arise, when one company or person violates the rights of another party, the best way to settle them before the court, which will help save time and money, is to file a claim.
What is a claim?
A claim is a claim of one of the parties to the other regarding those rights that have been violated according to the contract concluded between the parties. In other words, it is a written warning to another person that, in case of non-fulfillment of the requirements specified in it, the next step will be to go to court.
Pre-trial settlement of disputes is regulated by:
- Economic Code of Ukraine
- Economic Procedure Code of Ukraine
- Civil Code of Ukraine
Is a claim a right or a duty?
According to clause 1 of Art. 222 of the Economic Code of Ukraine, having violated the subject’s rights, the person must renew them. At the same time, there is no need to wait until a lawsuit is filed with the court or a claim is presented.
In clause 2 of Art. 222 of the Civil Code of Ukraine indicates that filing a claim is the right of the injured person, not an obligation. Therefore, she can file an appropriate lawsuit to protect violated rights in court, instead of trying to settle the conflict in a pre-trial procedure.
Requirements for filing a claim
According to Clause 3 of Art. 222 of the Civil Code of Ukraine, the document must indicate:
- The full name of the claimant and the person to whom it is presented;
- Details of both parties
- The date of submission of the claim, its number;
- The circumstances that became the basis for the appeal;
- Evidence that confirms these circumstances;
- Requirements applied by the applicant and mandatory reference to regulatory acts;
- If the claim requires a monetary assessment – indicate the full calculation and amount;
- Payment details of the applicant;
- List of documents attached to the document.
Important: the list of necessary documents directly depends on the type of legal relationship and the nature of the requirements.
What should you pay attention to?
Making claims requires certain knowledge and clear logical thinking. Here are the key points to consider:
- The claim is an official document, so it must be written in business language and without errors. It is impossible to use emotional expressions and give an assessment of the situation that has developed, based only on one’s own considerations.
- The requirements must be spelled out as clearly as possible, including the deadlines for their fulfillment, and the legally justified consequences in case of non-fulfillment of the conditions.
- Those documents that are confirmation of requirements, the applicant must submit in originals or legally competently certified copies of them. At that time, the documents submitted by the opposite party may not be attached directly to the claim – it is enough to indicate them in the text.
- A payment request-order for the amount of the claim can be added to the claim for the payment of funds.
The deadline for presenting a claim
There is no statutory time limit within which the claim must be submitted. Despite this, one should take into account the statute of limitations, which, according to Art. 257 of the Central Criminal Code, is three years.
Who must sign the claim
An official or a representative of an institution. You can send it by mail, registered/registered mail, or hand it to the addressee for signature. In this case, the person’s signature will be considered as proof of its receipt.
Claim review procedure
When considering the claim, the parties, if necessary, must conduct a forensic examination, make the necessary calculations for the further settlement of the dispute in a pre-trial procedure.
In the event that not all necessary documents were attached to the claim, which prevents it from being considered, the opposite party to the dispute may demand them from the applicant. It takes at least 5 days, not including the time for delivery by mail.
In such a situation, consideration of the claim is suspended until the requested documents are received. If the deadlines have passed and the documents have not arrived, the claim can be considered taking into account only the available ones.
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Storage period
Before the claim materials are transferred to the archive, they must be stored at the enterprise for three years.
A properly drafted claim can be an effective tool for resolving a business dispute without going to court, saving you time and money. However, the process of preparing and filing claims requires in-depth legal knowledge and experience. Our team of professional lawyers is ready to provide you with qualified assistance in drawing up claims, conducting negotiations and protecting your interests at all stages of dispute resolution.
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Do you have an unresolved business dispute with a counterparty?
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Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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