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Securing a claim to the commercial court
In 2026, when business processes are especially dynamic, entrepreneurs and ordinary consumers cannot be fully protected. To defend their rights and hold violators accountable, there is a mechanism for filing a claim with the commercial court; however, an application for securing the claim serves as an additional guarantee of protection. By granting such an application, the court may impose a prohibition on performing certain actions regarding a person’s property or rights, ensuring that the situation does not worsen while the claim is under consideration. Our lawyer from “Prikhodko & Partners” explains how claim security in the commercial court works in the article below.
What is claim security in commercial proceedings?
Claim security in commercial proceedings serves as a fundamental mechanism for protecting the claimant. According to Article 136 of the Commercial Procedural Code of Ukraine, the court is empowered to apply measures to secure a claim, but only upon the request of a participant in the proceedings. The main purpose is to neutralize bad-faith actions or suspend a relevant process. It should be understood that imposing restrictions must comply with the principle of proportionality. In other words, the scope of restrictions imposed on the defendant must correspond to the amount of the claims stated in the lawsuit and maintain a balance of interests. At the same time, such measures must not completely paralyze the defendant’s business activities. 
What actions may the court prohibit a party from performing in a commercial case?
Measures to secure a claim may vary depending on the commercial dispute. The table below outlines the main ones.
| Type of security measure | Essence |
| Prohibition on actions by third parties | ● prohibition on making payments in favor of the defendant;
● prohibition on transferring property to the defendant that is the subject of the dispute |
| Suspension or imposition of enforcement | ● suspension of monetary recovery
● freezing of settlement accounts ● prohibition on the use of property |
| Protection of (intellectual) property rights | ● suspension of property sale procedures (auction)
● suspension of actions related to property confiscation ● suspension of customs clearance of goods (in case counterfeit goods are detected) |
| Other prohibitions | ● prohibition on adopting decisions regarding amendments to the charter, disposal of company assets, etc. |
How to file an application for claim security in the commercial court?
The effectiveness of claim security depends on the proper preparation of the application and supporting documents (if required). According to Article 138 of the Commercial Procedural Code of Ukraine, such an application may be filed before submitting the statement of claim (in which case the claimant has only 10 days to submit the main claim) or simultaneously with it. The document must be prepared in writing and submitted through the court registry or via the Electronic Cabinet by a lawyer. The application must include the following:
- name of the court;
- details of the applicant/defendant and contact information;
- a brief description of the claim (subject matter and value);
- justification for the necessity of applying specific measures;
- proposals regarding counter-security (if necessary).
Important! A court fee must be paid for filing an application to secure a claim in the commercial court. According to the Law of Ukraine “On Court Fees,” it amounts to 0.5 of the subsistence minimum (UAH 1,664). A payment receipt confirming such payment must be attached to the application. For more detailed information, we recommend ordering a consultation with our lawyer.
When may the court refuse to apply claim security measures in a commercial case?
There are several situations in which this may occur. First, if the application is drafted incorrectly or the claimant has not paid the required court fee to the official court account details. Second, if the applicant has not properly substantiated that failure to apply these measures may threaten the person or their property, or if the chosen measure is unrelated to the subject of the commercial dispute.
What does a lawyer in commercial proceedings at the law firm “Prikhodko & Partners” offer?
Claim security is always a matter of strategy. A commercial litigation lawyer at our law firm “Prikhodko & Partners” offers a full range of services — from consultation to support during the enforcement stage of a court decision. Clients can receive:
- consultations to determine the most effective course of action;
- monitoring of real estate and assets through registries with risk assessment;
- formation of an evidence base necessary both for the claim and the application for claim security (document requests);
- preparation of the application and assistance with proper payment of the court fee;
- filing claims, other applications, and motions through the Electronic Court system;
- support in enforcement proceedings (imposition or removal of asset freezes, initiation or suspension of monetary recovery);
- appeal and cassation review of decisions.
Conclusions
Claim security has been and remains a key auxiliary mechanism for protecting businesses in commercial disputes. It allows neutralizing bad-faith behavior by the defendant and prohibiting certain actions by third parties, including state registrars. From freezing bank accounts to prohibiting actions in corporate matters — our commercial litigation lawyer can assist you with all these issues.
To receive a consultation and learn the cost of legal services in a claim security case before the commercial court — please fill out the form below.
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1 question
Is there a risk that the defendant will withdraw funds or property before the court's decision?
2 question
Do you need to place a hold on accounts or prohibit certain actions?
3 question
Do you need a lawyer to prepare your application and accompany you in court?
Can I file an application for securing a claim if a claim has not yet been filed?
The current Civil Procedure Code allows for the adoption of security measures even before filing a lawsuit. But there is a caveat: if such an application is filed even before the lawsuit is filed, the court will give only 10 days to prepare it. If you don’t have time, the lawsuit may be returned and not satisfied.
Is it mandatory to pay money to the plaintiff for a court deposit when securing a counterclaim?
Counter-security is a guarantee that the defendant in the dispute will be compensated for his losses caused by securing a groundless claim. The court has the right to demand that the plaintiff deposit a certain amount, but only if the measures to secure the claim may cause significant harm to the defendant’s activities. The satisfaction of the counter-security is the right, not the obligation, of the plaintiff.
Can the defendant find out about the planned security measures against him from the court?
The main advantage of the procedure for filing an application for security of claim is that it is considered without notifying the parties. The defendant learns about a certain security after the fact – when he receives a court decision.
Can the court impose an arrest on an amount exceeding the value of the claim?
The strict principle of proportionality applies here. The court does not have the right to seize property with a value exceeding the price of the commercial dispute. This also corresponds to the principle of balancing the interests of the parties to the commercial dispute.
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