Litigation in Ukraine: A Practical Guide for Foreign Nationals and Businesses
Stanislav Batryn, Managing Partner, Lions Lawyers
Publication
Foreign investors, companies, and individuals operating in Ukraine may at some stage become involved in court proceedings — whether arising from commercial disputes, corporate conflicts, debt recovery, real estate litigation, or broader civil matters.
In such cases, understanding how litigation functions within the Ukrainian legal system becomes essential for managing legal risk, protecting assets, and securing enforceable outcomes.
Ukraine’s judiciary has undergone significant procedural reform in recent years, enhancing transparency and aligning many mechanisms with European legal standards.
Nevertheless, the system remains highly procedural, deadline-driven, and documentation-focused. As a result, procedural missteps, jurisdictional misunderstandings, or delayed legal action can materially affect the trajectory and outcome of a dispute.
For foreign parties, litigation in Ukraine presents additional layers of complexity, including language barriers, evidentiary formalism, interim asset-freezing risks, and enforcement challenges.
Early awareness of court procedures — particularly jurisdictional rules, interim relief mechanisms, and enforcement tools — is therefore critical for effective dispute planning, risk mitigation, and the preservation of both financial and reputational interests.
Procedural Framework
Litigation is governed by codified procedural rules:
-Commercial Procedure Code
-Civil Procedure Code
-Administrative Procedure Code
Key characteristics of Ukrainian litigation include:
-Written submissions dominate proceedings
-Strict procedural deadlines
-Formal evidentiary rules
-Limited discovery mechanisms
-Court fees based on claim value
-Electronic filing systems and digital hearings are increasingly common.
1. Structure of the Court System
Ukraine operates a three-tier court system:
First Instance Courts (trial level)
Courts of Appeal
Supreme Court (cassation review)
Jurisdiction depends on the nature of the dispute:
Commercial Courts — business and corporate disputes
Civil Courts — private individual disputes
Administrative Courts — disputes with state authorities
Criminal Courts — criminal matters
Foreign companies frequently appear before commercial courts.
2. Jurisdiction Over Foreign Parties
Ukrainian courts may assert jurisdiction over foreign parties where:
The defendant has assets in Ukraine
The dispute arises from activities in Ukraine
A contract specifies Ukrainian jurisdiction
Ukrainian law applies to the dispute
International treaties and bilateral agreements may also influence jurisdiction and recognition issues.
3. Evidence and Burden of Proof
The burden of proof rests on the party asserting a claim or defence.
Evidence may include:
Contracts and written correspondence
Accounting records
Expert opinions
Witness testimony
Electronic communications
Unlike common law systems, there is no broad disclosure obligation.
4. Interim Measures
Ukrainian courts may grant interim relief, including:
Freezing of bank accounts
Asset seizure
Prohibition of certain actions
Suspension of corporate decisions
Interim measures are critical in preventing asset dissipation during litigation.
5. Duration of Proceedings
First instance proceedings typically last between 3–9 months, depending on complexity.
Appeals may add additional months, and cassation review before the Supreme Court is limited to points of law.
Urgent matters may proceed faster; complex corporate disputes may extend longer.
6. Enforcement of Court Judgments
A favourable judgment must be enforced through:
State enforcement service, or
Licensed private enforcement officers
Enforcement may involve:
Seizure of bank accounts
Sale of property
Garnishment of receivables
Corporate share seizure
Enforcement strategy is often as important as litigation strategy.
7. Recognition of Foreign Judgments
Foreign court decisions may be recognised and enforced in Ukraine subject to:
Existence of a bilateral treaty, or
Reciprocity principle
Courts examine procedural fairness and public policy considerations before granting recognition.
8. Strategic Considerations for Foreign Litigants
Foreign parties should consider:
Jurisdictional risks
Parallel arbitration clauses
Asset location analysis
Interim protection planning
Reputation and media exposure
Preventive structuring of contracts significantly reduces future litigation risks.
9. Conclusion
Litigation in Ukraine is increasingly structured and procedurally sophisticated, but remains highly formalistic and documentation-driven.
Foreign investors and individuals benefit from early legal planning, precise procedural compliance, and integrated enforcement strategy to secure effective outcomes.
Lions Lawyers - Ukraine
Our Litigation Practice
Lions Lawyers represents foreign corporations, investors, and individuals in complex litigation across Ukraine, including commercial, corporate, real estate, and cross-border disputes.
We provide:
Commercial and corporate litigation
Debt recovery and enforcement strategy
Asset freezing and interim relief applications
Recognition and enforcement of foreign judgments
Appellate and Supreme Court representation
Cross-border dispute coordination
Our team integrates litigation advocacy with enforcement planning and asset tracing to maximise recovery and procedural efficiency.
Early legal structuring and strategic positioning significantly increase the likelihood of successful resolution.