Execution of a court order from a foreign court

Execution of a foreign court’s writ ensures the administration of justice in international cases. A writ of writ is an official request from a foreign court to perform a certain procedural action on the territory of Ukraine. It can cover a variety of topics, from obtaining certain documents by a foreign court to performing procedural actions for the purposes of an investigation. We will discuss this in more detail in the article below.

Foreign court’s writ of writ: main types

Execution of orders of foreign courts in Ukraine is an instrument of international cooperation in cases related to civil and criminal proceedings. Given their general diversity, we will list the main types of court orders.

On the service of documents

This is the most common type of orders of foreign courts. They provide that the court of our state must officially serve a person residing in its territory with such documents as court summons, statements of claim or decisions.

On obtaining evidence

This type applies exclusively to the collection of information necessary for the consideration of a civil or criminal case. As a rule, such requests require cooperation from the national court in the issue of questioning witnesses, requesting documents, conducting an examination, etc.

On conducting procedural actions

Finally, such a request is usually issued by a foreign court in the event of a crime. Their execution may involve conducting a search, establishing the location of a person, etc.

The procedure for executing a judicial order of a foreign court: what are the main stages?

The process of executing the specified document can be conditionally divided into several stages, among which it is worth highlighting:

• Stage 1. Receiving and considering the relevant order. As a rule, the specified document is received by the national judicial institution through diplomatic channels. After that, the court checks whether the order meets the requirements of national legislation and an international treaty signed with the relevant country, analyzes the essence of the request;
• Stage 2. Direct execution of the submitted request. Depending on the type of request, specific procedural actions are taken – serving documents, obtaining evidence or conducting procedural actions. At the request of a foreign court, the rules of law of its state may be applied, if this does not contradict the current national legislation;
• Stage 3. Confirmation and sending the results of the execution of the order. The results of the relevant actions are recorded in the protocol of the court session, which is certified by the judge’s signature and seal. In the event that the request cannot be executed, the national court must return a copy of the relevant document to the foreign court through diplomatic channels with documents confirming the grounds for such refusal (if necessary).

When are judicial orders of a foreign court not subject to execution?

As a general rule, requests from a foreign court cannot be executed if:

• first, they violate the sovereignty of Ukraine or pose a threat to national security;
• second, they concern a person or property located outside the territorial jurisdiction of the court;
• third, they contradict the legislation of Ukraine or an international treaty;
• fourth, they do not comply with the fundamental principles of justice and human rights.

The list above is not exhaustive and may include other cases where it is objectively impossible to execute a court order. For more detailed information, we recommend that you request a consultation with one of our experienced lawyers.

Legal support for obtaining and executing a court order from a foreign court: what services can specialists at Prikhodko & Partners Law Firm offer?

Our law firm can offer interested clients comprehensive support in cases related to the execution of requests from foreign courts. The services of lawyers cover all stages of this process and are aimed at:

1. informing clients about international cooperation in judicial matters;
2. analyzing the legal grounds for refusing to execute a court order from a foreign court;
3. checking the request for its level of compliance with current national legislation;
4. representing the client’s interests in a court hearing regarding the execution of the relevant request.

Thus, the execution of court orders in civil and criminal cases may involve serving documents to a person, collecting evidence and performing procedural actions to investigate a crime (for example, conducting interrogations, inspections, initiating expert examinations, etc.). In order to act correctly and represent your legitimate interests in court, it is recommended to think in advance about contacting a qualified and experienced lawyer. Specialists of the company “Prikhodko & Partners” provide full support of the case, relying on an individual approach and professional experience.

To receive advice on the execution of a court order from a foreign court from our lawyer and information on the cost of his services, it is recommended to fill out the special form below.