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.
Negatory claim
Negatory claim is one of the effective methods of protection in a commercial process. A legal dispute initiated after filing a negative claim concerns the satisfaction of the property owner’s claim against third parties to stop obstacles that prevent him from properly using the relevant property. Actions that create an obstacle for the owner are not always unlawful and may be the result of the business activities of another person. We will discuss this in more detail in this article.
What is a Negatory claim?
A negative claim is a specific means of protecting property rights aimed at eliminating obstacles to the free use and disposal of property. According to Article 391 of the Civil Code of Ukraine, the right to such a claim arises if the following factors are present:
- first, the plaintiff is the actual owner of the property;
- second, the actions of a third party make the exploitation of the property virtually impossible;
- third, the defendant’s actions must not have legal grounds;
- fourth, there are no contractual relations between the parties regarding the property;
- finally, the presence of any form of fault (intent or negligence).
Important to know! Unlike vindication, a negative claim is not subject to a three-year statute of limitations. Thus, it can be filed for the entire time of illegal activity by third parties. For detailed information, we recommend that you order a consultation with one of our lawyers on economic issues.
Vindication and Negatory claim as methods of protection: what is the difference?
The distinction between a vindication and negative claim is one of the most complex topics in law. Both claims may contain similar claims regarding property, but their legal nature will still be different. Below are the main criteria:
- vindication concerns possession, a negative claim – use;
- on the return of water fund lands to lawful use, vindication, unlike a negative claim, cannot be applied;
- vindication is limited by a general statute of limitations of 3 years, while a negative claim can be filed at any time;
- the result of vindication is the recovery of property from someone else’s possession, a negative claim – the cessation of actions by third parties that led to obstacles in the use of property, respectively.
Depending on the subject and the parties to the dispute, one or another method of protecting property rights will be applied.
What requirements must a Negatory claim meet today?
The modern understanding of this legal instrument is reflected in Article 391 of the Civil Code of Ukraine and the practice of the Supreme Court. Analyzing the above sources, we can reach the following conclusions:
- object – elimination of an ongoing violation or prohibition of actions that exist at the time of filing (otherwise the owner can only demand compensation for damages);
- subject – any movable or immovable property that is in actual possession;
- plaintiff – a person who owns the thing (for example, under the rules of acquisitive prescription), in particular the titular owner (owns on the basis of a contract);
- defendant – a person who, by his unlawful behavior (actions or inaction), interferes with the owner (for example, a state registrar who does not remove an illegal encumbrance from the property).
Legal support for the preparation of a Negatory claim: what do we offer?
Our lawyer’s support in a commercial process involves competent recording of the fact of violation, choosing the most effective method of protection and full documentary support in court. Below is a list of the main legal services offered by our company “Prikhodko and Partners” in the event that it is necessary to eliminate obstacles to the use of property:
- legal advice;
- development of an initial defense strategy in a commercial court;
- collection and retrieval of necessary evidence for the court;
- support for the examination of movable and immovable property (for a claim for compensation for damages, if necessary);
- preparation of a high-quality claim in a commercial process and other documents of a procedural nature (petitions, statements, etc.);
- support for the case in court to its logical conclusion (if necessary, challenging the decision of the court of first instance in appeal and cassation).
To summarize, in 2025, a negative claim (a claim for the removal of obstacles to the use of real estate or movable property) remains one of the most effective means of protecting the rights of the legal owner. In particular, because there are no restrictions on the time limit for its submission to the commercial court, for the property in respect of which a claim can be made, and in addition to the requirements for the cessation of unlawful actions, it is possible to simultaneously demand compensation for the losses caused as a result. Our law firm “Prikhodko & Partners”, understanding the complexity of the entire process, is ready to provide full support for your commercial case — from consultation to obtaining the final court decision.
To receive a consultation and find out the cost of having a lawyer prepare a negative claim for your case, fill out the form below.
Calculate the cost of services
1 question
Do you need to remove obstacles to another person's use of your property?
2 question
Are you interested in full support of a business case in court?
3 question
Do you need advice on choosing the right protection method?
You may also need:
A claim for recognition of ownership of a house/apartment/real estate
Read moreA statement of claim to declare a person incapable
Read moreA statement of claim for the removal of seizure from property
Read moreA letter of claim about non-fulfillment of the terms of the contract
Read moreA statement of claim for the recognition of the right of ownership of self-construction
Read moreA statement of claim for the recognition of the right of ownership
Read morecall back
during the day
Compensation for moral, material damage
Protection of honour, dignity, and business reputationContract Development for Business and Legal Entities
Licensing of business activities
Compensation for moral, material damage
Legal services in the field of cryptocurrency and blockchain
REGISTRATION OF COMPANIES AND OPENING OF BANK ACCOUNTS
Sale and purchase of ready-made firms
Grants and attracting investment
Business registration and support in Great Britain
Business registration and support in Switzerland
Business registration and support in the EU
Business Registration and Support in the Gulf Countries (GCC)
Business registration and support in Turkey
Business registration and support in USA
Lawyer for administrative cases
Legal services for medical businesses and doctors
Protection of honour, dignity, and business reputation
Real estate transaction support
Escort of the tender participant
Trial lawyer: support and defense in court
European Court of Human Rights (ECHR)

