Lawsuit

A statement of claim to the court (hereinafter referred to as the claim) is an official written application filed by the plaintiff against the defendant in the event of a violation of his rights and legitimate interests. The claim serves as the basis for initiating legal proceedings in a civil/commercial case and is the main procedural document that determines the subject of the dispute. This article explains when it is worth filing it and how to prepare it correctly.

When should you file a claim with the court?

An appeal to the court is necessary when all possibilities of pre-trial settlement of the dispute have been exhausted and significant violations of the rights and legitimate interests of the person have been committed. Below are the most typical situations when filing a lawsuit is appropriate:

• termination of the contract with a problematic developer,
• recovery of material damages for improper performance of work,
• removal of obstacles to the use of property,
• appeal of unlawful actions and decisions of the state registrar, state authorities,
• recovery of debt under a service contract,
• appeal of decisions of the general meeting regarding the disposal of corporate rights,
• recovery of property from someone else’s illegal possession,
• compensation for moral damage and others.

In what cases is it mandatory to take measures for pre-trial settlement of a dispute before going to court?

In Ukraine, only a few cases are established at the legislative level when filing a claim in court without prior pre-trial settlement is impossible. Therefore, this must be done in tax (administrative appeal of the decision of the tax authority) and transport (filing a claim against the carrier) disputes. It is also necessary to take appropriate measures if the contract between the parties expressly provides for this. For most violations in the field of economic/civil law and real estate, there is no requirement for preliminary filing of a claim against the violator, although this is still desirable, since then the person will be able to save time and money.

How to properly prepare a claim in court?

The main requirements for a claim are set out in the Civil Procedure Code of Ukraine. Therefore, a correct claim must take into account the following points:

• full name of the court under whose jurisdiction the case falls;
• data of the participants (plaintiff, defendant and their representatives);
• the price of the claim (if the claims are of a property nature);
• the content of the claims (the method of protection that the person asks the court to apply);
• a statement of the circumstances of the case (consists of a description of the events and legal justification);
• evidence (in support of each factual circumstance in the case);
• information on the measures taken to pre-trial settlement of the dispute (if any);
• calculation of court costs (this will include the amounts of the paid court fee, attorney’s fees and other expenses incurred in the course of the court proceedings).

It is important to know! Without properly completed annexes, the statement of claim may not be accepted for consideration and returned to the plaintiff. Therefore, it is important that it is supported by such documents as copies of the claim and its annexes for all parties to the case, a warrant and a certificate confirming the attorney’s authority, the original receipt for payment of the court fee, and all evidence in the case that was mentioned in the content of the appeal to the court itself. For more detailed information, book a consultation with our lawyer.

Court fee for filing a claim in court: how much does it cost to protect your rights in court?

According to the Law of Ukraine “On Court Fees”, an individual must pay for filing a claim:

• of a property nature – 0.4-5 subsistence minimums depending on the price of the claim (1,211.20-15,140.00 hryvnias);
• of a non-property nature – 0.4 of the subsistence minimum (1,211.20 hryvnias, respectively).

It is important to know! You should not worry about the excessive amount of the court fee. Firstly, it will be returned to you in full at the expense of the defendant (if the case is decided in your favor). Secondly, some categories of persons in accordance with the current national legislation are exempt from paying it (for example, veterans, persons with disabilities, and others).

In which disputes does our lawyer help prepare a lawsuit?

In addition to typical disputes with developers, corporate conflicts and debt collection, our lawyer in the field of commercial law also helps resolve the following disputes:

• forced eviction and debt collection based on a lease (rent) agreement;
• appealing the seizure of property that belongs to you on legal grounds;
• recognizing the right of ownership of real estate (apartment, house or land plot);
• appealing decisions to refuse to privatize residential premises, land;
• other disputes, including those arising from business contracts.

Taking into account his experience and qualifications, a lawyer from the Law Firm “Prikhodko & Partners” will also be able to conduct a legal audit of contracts or counterparties, legalize construction, and provide support in carrying out other registration actions regarding a person’s property.

Do you still have questions? Then fill out the form below, get advice from a qualified lawyer, and find out the cost of preparing a lawsuit in your case today.