Klaus Kessler

Phone: +380 (44) 586 23 03

The national law is good to the extent it is enforceable. To be entitled to something and to have your entitlement enforced means two different things in Ukraine. However multiple judicial system reforms as well as amendments to the procedure codes and legal rules regulating the enforcement of court decisions have produced significant positive effects. It would not be correct to assume that one’s rights are unenforceable currently in Ukraine. But it would be crucial to know the local rules of the game, laws and regulations as well as the procedures of the Ukrainian courts and enforcement authorities.

Ukraine has a unified system of justice. The Ukrainian judicial system is comprised of all the courts operating in Ukraine, which are guided by the uniform constitutional principles and subdivided into two jurisdictions - constitutional law and common law; common law courts are further subdivided into ordinary courts and specialized courts. No emergency courts or particular courts are possible. The Ukrainian system of common law courts is structured according to the territorial principle and specialization principle.

Arbitration courts are subdivided into state arbitration courts settling economic disputes and reference tribunals of arbitration (non-profit tribunals). Decisions and rulings of such reference arbitration (intermediation) tribunals are subject to the national law and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention of 1958). More than 110 countries including Ukraine have joined that Convention.

Legal counsels, lawyers and other professionals of the procedure law department in our Kiev Office have gained extensive experience of providing support during court litigations and settlement of other disputes in Ukraine. Our professionals will be glad to offer you their legal support in court – be it a state courts or a reference arbitration (intermediation) tribunal – at any stage of the litigation, including the enforcement of the court decision. Our procedure law team works closely with the other R&P legal teams for the relevant substantive law areas.