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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.

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Support of enforcement proceedings in commercial disputes

Support of enforcement proceedings in commercial disputes

Enforcement proceedings support is one of the most critical stages of business protection. Quite often, court decisions remain unenforced for a long time, or restrictions are imposed on a business without proper legal grounds. Our lawyers actively cooperate with state or private enforcement officers to initiate enforcement proceedings, lift arrests and bans, and ensure the compulsory execution of court decisions by counterparties. More details are provided in the article below.

Enforcement proceedings in a commercial dispute: when are they initiated?

The process of compulsory enforcement in commercial cases does not start automatically. This procedure requires the claimant to strictly comply with legal formalities, in particular:

  • initiation after the court decision has entered into legal force;
  • obtaining an enforcement document — a court order (decision) or a notarial writ;
  • submission to the enforcement officer of two documents — an application and the original enforcement document;

In general, enforcement proceedings may be initiated when a debtor fails to fulfill contractual obligations, does not pay a fine, or when a court decision is not executed within the установленний time limit.

What actions should the parties to a dispute take before opening enforcement proceedings?

Opening enforcement proceedings is the final step in holding a person liable. Prior to this, including to save time, it is important to take several measures:

  • send an official written claim to the debtor;
  • obtain a court order for debt recovery and penalties (if the previous step was unsuccessful);
  • monitor the moment when the court decision enters into legal force (usually after the expiration of the appeal period).

Compulsory execution of a commercial court decision: what are the consequences for the parties?

The enforcement of a court decision directly affects the debtor’s financial position. After the decision enters into force, the commercial court issues an enforcement document to the claimant. Such documents for the recovery of funds in favor of individuals or legal entities are issued directly to the claimant (or sent by registered mail), and their execution involves transferring funds to:

  • the creditor’s account (satisfaction of their property claims);
  • the state budget (if funds are recovered in favor of the state);
  • the enforcement service account (to cover the costs of opening enforcement proceedings).

Important to know! In addition to the claimant, the law defines a range of entities entitled to initiate compulsory enforcement — the prosecutor, the court, and foreign arbitration institutions. A resolution on opening enforcement proceedings is issued no later than the next business day after the receipt of documents. For more detailed information, we recommend obtaining a legal consultation.

 

What do we offer as part of enforcement proceedings support in commercial disputes?

Work with claims (towards counterparties and debtors)

Effective claim work often helps avoid lengthy court proceedings. In this context, a lawyer provides the following services:

  • analysis of the debtor’s solvency;
  • development of debt repayment schedules;
  • proper drafting of claims;
  • support during negotiations.

Support in obtaining enforcement documents from the court and notary

A court decision itself is not an enforcement document. To properly obtain an enforcement document, a commercial lawyer of “Prikhodko & Partners” performs the following:

  • prepares and submits an application for issuing a commercial court order;
  • supports obtaining a notarial writ of execution (relevant for loan agreements);
  • determines the appropriate state enforcement authority or private enforcement officer depending on the debtor’s location.

Assistance in closing enforcement proceedings and lifting arrests on property

Enforcement authorities often act either too slowly or in violation of procedures. In such cases, in order to promptly close the proceedings, a lawyer:

  • appeals delays in enforcement;
  • supports the lifting of unlawful property arrests and restrictions;
  • prepares a lawsuit against violations committed by enforcement authorities.

In summary, enforcement proceedings support in commercial disputes is not merely a formality, but the final stage of protecting your business interests. Having a favorable court decision does not guarantee automatic recovery of funds if the debtor fails to comply in due time. Only a systematic approach by a commercial lawyer — from effective claim work to active interaction with enforcement officers — ensures real results. Professional legal support from “Prikhodko & Partners” minimizes the risks of delays and protects businesses from unlawful actions by authorities and third parties.

Have questions? We invite you to fill out the form below to receive a legal consultation and learn the cost of enforcement proceedings support in commercial disputes.

Calculate the cost of services

1 question

Do you have a commercial court decision or an enforcement document that is not being executed?

Yes
No

2 question

Has an arrest or other restrictions been imposed on the property / accounts of your business?

Yes
No

3 question

Do you need active interaction with a state or private enforcement agent for the actual execution of the court decision?

Yes
No

Is a subscriber form of service possible to quickly resolve issues as they arise?

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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