The economic dispute is a component that is hard to avoid in any kind of activity. This category of disputes stems from contractual decisions connected to the fulfillment of obligations under economic agreements.
Private enterprises, limited liability companies, joint-stock companies, private persons – entrepreneurs, anyone involved in entrepreneurial profit-seeking activities are the subjects of economic relations that fall within the jurisdiction of the economic courts.
Both private and legal persons can become involved in such disputes since a conflict between the parties can arise at any given stage.
Sure enough, each party of the dispute wants to settle all issues through negotiations without going to court. However, usually, negotiations between the representatives of both parties of the conflict give no result. The reason for that is while both parties stand their ground firmly, they forget, though, that every controversial situation needs to be addressed from a legal, not an emotional standpoint. That is why the participation of a professional lawyer allows finding consensus following the letter of the law.
Still, it isn’t always easy to figure out which case meets the criteria of an economic dispute, which code to use when going to court, how to determine which court to go to, and if the subject of economic relations can represent own interest, or does he need a lawyer. The team of economic law attorneys will gladly answer all of these questions and find similar cases in the judicial practice that without a doubt will help you reduce the time and the money spent on resolving economic disputes.
Economic cases: how to determine
The dispute that arises out of production and non-production activities connected to performing various kinds of works, including scientific, resulting in the production of a good that can be alienated (sold) to get money in return, falls into the category of economic disputes. The majority of economic disputes deal with the receipt, or, more precisely, failure to receive money in the process.
The economic court looks into cases that stem from disputes between legal persons and their participants (participant). These can be disputes concerning inheriting a share in a private enterprise, connected with the termination of a joint-stock company, or the disputes concerning the voidance of constitutional documents of legal persons.
The plaintiff can seek the protection of his violated right and resolution of the dispute connected to economic activities following the general rule at the venue by the location (legal address) or by the place of residence of the respondent. Certain instances of competence are determined in Articles 29 – 30 of the Economic Procedure Code of Ukraine.
The economic trial allows for two types of proceedings:
- writ proceedings;
- action proceedings.
Writ proceedings aim at the quick restoration of the violated rights without long-lasting judicial processes and hearing of the arguments of the parties. However, it is possible only given certain conditions, namely:
- the agreement is concluded in writing;
- the amount claimed does not exceed one hundred subsistence minimums of the citizens as of the day of the application (about 200,000 hryvnyas).
Action proceedings provide for the presentation of demands, objections, arguments, justifications, and considerations in the dispute in lawsuits, responses, and rebuttals.
Economic dispute: process, costs
The process of filing a lawsuit includes mandatory proper execution of the complaint in compliance with the Economic Procedure Code of Ukraine and payment of the court fee. The amount of the court fee is established by the Law of Ukraine on the Court Fee and can be found on the website of each economic court, where you can form a receipt to pay the court fee automatically.
However, we do not advise you to determine the amount of the court fee on your own because, in the court practice of looking into economic cases, there are numerous nuances connected with the calculation of the debt of which, respectively, the court fee is payable. Incorrect payment of the court fee may lead to the refusal to open proceedings in the case.
That is why we advise you to turn to qualified attorneys who will help you calculate the debt amount, respectively, the amount of the court fee correctly, and execute the complaint properly.
Opening of the proceedings in economic cases includes the court’s decision on reviewing the case within simplified proceedings. That means that for minor cases or cases of insignificant complexity – up to a hundred subsistence minimums, the court has the right to hold the trial within sixty days without the preliminary hearing or notifying the parties, except in the cases foreseen by the Code.
The trial of the case in economic proceedings concludes with making a respective resolution on the satisfaction of claims or refusal to satisfy such claims in full or in part, or with the closing of the proceedings in the case.
Based on the practical experience of the attorneys of our firm, we can assure you that the ruling of the economic court in your favor is only the beginning of a long and complicated process of protecting the interests of your business, collecting debt, or non-execution of an illegal court decision that leads to debts and closing down of operating enterprises.
Not to let that happen, our legal firm offers you the help of the economic law attorneys not just on the stage of going to court, but also in the process of negotiations, consultations, drafting Agreements and protocols of disagreements, in the process of signing Agreements and supervision over the process of their execution. That will result in saving you time and costs. Our attorneys are ready to answer your questions or come to provide legal aid at any time.
If issues arise on the way of your business in the shape of economic disputes or if you simply want to avoid them, protect your assets and your rights in compliance with the law, you will surely need the help of an experienced attorney.