Procedural order for recognition and enforcement of foreign court judgments in Ukraine is mainly regulated by provisions of Chapter VIII “On Recognition and Enforcement of Foreign Court Judgments in Ukraine” of Civil Procedural Code of Ukraine (hereinafter – “CPC”) and international treaties, ratified by the Verkhovna Rada of Ukraine.
According to article 390 CPC, “foreign court judgment” means judgment of court of foreign country; other competent authorities of foreign country, who are authorized to consider civil and commercial cases; judgment of foreign and international arbitration.
Procedural legislation of Ukraine divides foreign court judgments into judgments, which are subject to enforcement in Ukraine, and judgments, which are not subject to enforcement (for instance, recognition of rights, annulment of certain acts, recognition and deprivation of paternal rights, divorce, establishment of facts of legal significance, etc.).
Recognition procedures of both kinds of judgments have certain procedural distinctions in the preparation of the application for recognition of foreign judgments and their consideration.
In this article “international treaties” means international treaties, ratified by the Verkhovna Rada of Ukraine.
Foreign court judgment shall be recognized and enforced in Ukraine,
If the recognition and enforcement of foreign court judgment depends on the principle of reciprocity, it is assumed that this principle exists, unless otherwise proven.
Ukraine is a party to a significant number of international treaties governing the recognition and enforcement of foreign court judgments. Thus, among these agreements it is neñessary to mention the following:
Judgment of a foreign court may be brought to enforce in Ukraine for three years from the date of its entry into force, except for the judgment on recovery of periodical payments which may be brought to enforce the entire term of the recovery of arrears over the last three years.
Petition for permission to enforce a foreign court judgment shall be filed with the court directly by judgment creditor (its representative) or, according to an international treaty, by another person (its representative).
If international treaties provide that a petition for permission to enforce a foreign court judgment shall be filed by state authorities of Ukraine, the court considers a petition received by state authorities of Ukraine.
Petition for permission to enforce a foreign court judgment shall be filed in writing and shall contain the following:
A petition for permission to enforce a foreign court judgment shall be attached with documents provided by international treaties.
If international treaties do not define the list of documents that shall be attached to the petition, or such treaty absents, the following documents shall be attached to the petition:
A petition for permission to enforce a foreign court judgment shall not be satisfied in the cases stipulated by international treaties.
If in international treaties such cases are not stipulated, the petition may be denied:
On the basis of the judgment of a foreign court and on granting permission for its enforcement, which entered into force, the court issues a writ of execution, which shall be sent for execution in the manner prescribed by the Law of Ukraine "On Enforcement Proceedings".Information is provided as of June 7, 2013.
This information shall not be considered as a legal advice and is accurate at the date of its publication. Should you require further information, please contact the law firm Rabomizo.