Ukraine - Enforcement of Money Judgments
Author(s):
Pavlo Byelousov
Oleksandr Kushch
Page Count:
30 pages
Media Description:
PDF from "Enforcement of Money Judgments"
Jurisdictions:
Practice Areas:
Author Detail:
Pavlo Byelousov, partner, AEQUO Law Firm
Roman Hryshyn-Hryshchuk, associate, AEQUO Law Firm
Description:
Originally from Enforcement of Money Judgments
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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
The recognition and enforcement of foreign judgments in Ukraine, in absence of the special regulations, are governed by the number of legislative acts and judiciary explanations and recommendations, such as: the Civil Procedural Code of Ukraine (the “Civil Procedural Code”), the Law of Ukraine on International “Commercial Arbitration (the “LICA”), the Law of Ukraine “On Enforcement Proceedings” (the “Enforcement Proceedings Law”), the Law of Ukraine “On Private International Law” (the “PILL”), the Decree of the Supreme Court of Ukraine “On Courts’ Practice Regarding Recognition and Enforcement of the Decisions of Foreign Courts and Arbitral Tribunals and Setting Aside Arbitral Awards Rendered within the Territory of Ukraine” No. 12 dd. 24 December 1999 (the “Decree No. 12”), the Explanatory Note of the Ministry of Justice of Ukraine “On the Procedure of the Recognition and Enforcement of the Decisions of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry Abroad” No. 26-50/284 dd. 7 May 2010 and Informational Letter of the Superior Specialized Court of Ukraine for Civil and Criminal Cases “On Courts’ Practice on Setting Aside Decisions of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry and on Recognition and Enforcement of the Decisions of International and Foreign Arbitral Tribunals” dated 11 December 2015.
It shall be noted that on 3 October 2017, the Ukrainian Parliament adopted the law No.2147-VIII (the “Law No.2147”) amending the Civil Procedural Code of Ukraine, the Commercial Procedural Code of Ukraine (the “Commercial Procedural Code”), the Code for Administrative Court Proceedings of Ukraine and other laws.