Civil cases

Any person, regardless of its sex or religion, is a participant in civil relations that surround it through the entire course of life. A legal person is also a participant in this kind of relations.

Civil relations are private relations, meaning that the subjects are legally equal, and none has the authority over the other or a right to control.

Civil disputes are any disputes arising between individuals, regardless of their citizenship. All the cases tried within the framework of this category, are of private nature.
Civil relations are property and personal non-property relations, with legal persons, private persons, the state, the Autonomous Republic of Crimea, territorial communities, foreign states, etc. being the subjects thereof.
Property relations are the relations between certain subjects on property issues, for instance, relations concerning the conclusion of a purchase and sales agreement of real estate between private persons.
Personal non-property relations are the relations that arise in connection with intangible assets (objects of personal rights). Such assets include life and health, honor, dignity, business reputation, personal development, freedom, and personal inviolability.

Civil disputes: definition, origins

Disputes stemming from civil, land, labor, family, housing, and other kinds of legal relations, including requirements to register proprietary rights except the cases tried in other courts, are tried in civil proceedings by local courts of general jurisdiction, with the participation of an attorney in civil cases and in compliance with the rules stipulated in the Civil Procedure Code of Ukraine.
Also, the legislation of Ukraine provides for resorting to arbitration, which is an effective means to solve civil disputes arising in the field of foreign trade. In Ukraine, arbitration is carried out by the International Commercial Arbitration Court and the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry, their operation regulated by the Law of Ukraine on International Commercial Arbitration. Grounds to resort to arbitration are the existence of a dispute:

  • connected to contractual and other civil legal relations stemming from foreign trade and other types of international economic ties given that a commercial enterprise of at least one of the parties is located abroad;
  • between the enterprises with foreign investments and international alliances and organizations created in the territory of Ukraine, between their participants, as well as their disputes with other subjects of the law of Ukraine.
    The legislation of Ukraine provides for a pre-trial hearing of civil cases, including negotiations with the participation of an attorney in civil cases, during which various solutions to the conflict, acceptable for both parties, are considered. Such proceedings conclude with signing an agreement, in case of violation of which the parties are allowed to go to court.

Trial proceedings of civil cases are carried out following the order stipulated in the Civil Procedure Code of Ukraine:

  • writ proceedings;
  • action proceedings (either general or simplified);
  • special proceedings.

The cases, based on claims to recover insignificant uncontested amounts of money or where the plaintiff has no knowledge of them being contested, are tried within writ proceedings. Such cases are tried without summoning the parties; upon consideration, a court order gets issued to serve as a writ of execution at the same time.

The cases of verification of existence or absence of legal facts, relevant to the protection of rights and interests of a person, creation of conditions for a person to carry out its property or non-property rights, or verification of existence or absence of uncontestable rights, are tried within special proceedings. The case in special proceedings is tried over a reasonable period of time not exceeding two months since the date of the commencement of proceedings. Rulings made upon considering a claim, are not subject to compulsory execution but are the grounds to register property or personal non-property rights of the citizens.

Simplified proceedings are designated to try:

  • minor cases;
  • cases stemming from labor relations;
  • cases where the court grants permission for a temporary departure of a child abroad to the parent, who lives separately from the child, has no alimony debt, and was denied a notary consent for such departure by the other parent;
  • cases of minor complexity, and other cases that have a quick resolution as a priority.

All other cases, impractical to be tried in simplified proceedings due to complexity or other circumstances, are tried in the general procedure, which requires to go through every stage of the litigation stipulated by the Code:

  • filing a lawsuit with a relevant court;
  • dealing with the issue of commencing proceedings;
  • preliminary proceedings;
  • trial of merits, legal debate;
  • the court’s ruling on the merits of the case.

Representation in court: civil proceedings include:

  • protection of personal rights;
  • solving any problems in case of violation of contractual relations;
  • issues of possession, use, and disposal of property;
  • resolution of family disputes and legal relations;
  • assistance in dealing with the recovery of damages.

Our company offers representation in civil proceedings since our attorney in civil cases has practical experience and a large number of positive rulings in favor of the clients in legally advised cases. We are always glad to help you solve a conflict in a pre-trial hearing, participate in negotiations and compile an agreement following the result, or undertake the preparation of the case and legal counseling during proceedings.  Nevertheless, we urge you to turn to qualified lawyers on the stage of preparing to take any actions concerning your property or non-property rights.

In order to help the clients of the company, our attorney in civil proceedings resorts only to legal means.