Overview of Recognition and Enforcement of Foreign Decisions in Ukraine (2024 Update)

Recognition and enforcement of foreign decisions in Ukraine are legal processes that allow rulings from courts in other countries to be accepted and acted upon in Ukraine. This is important for businesses, foreign investors, and individuals who want to make sure that legal decisions made abroad are respected and carried out in Ukraine. Whether it’s about business disputes, family matters, or contracts, having a foreign judgment recognized in Ukraine can be a key step toward resolving issues.

Pursuant to international public law, no state is obliged to recognize court judgments of other states and enforce them on its territory. The international obligation to recognize and enforce a foreign court judgment becomes effective only upon adherence to the relevant international treaty or the principle of reciprocity.

Legal basis for recognition of the foreign court judgement in Ukraine…

Pursuant to paragraph 1 of Article 462 of the Civil Procedure Code of Ukraine, recognition and enforcement of foreign court judgments on the territory of Ukraine is performed on condition that there are the appropriate international treaty ratified by Ukraine or the principle of reciprocity is established and followed.

In addition, the Code provides the following definition of a foreign court judgment: a foreign court judgment is a judgment of a court or other authority of a foreign state, under the competence of which is to make obligatory decisions in civil and commercial matters for enforcement on the territory of such foreign state, and also awards of international and foreign arbitral tribunals.

International treaty…

In 2023, the EU Council agreed to establish contractual relations with Ukraine under the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. The so-called Convention on the Enforcement of Judgments, concluded in 2019, is an international treaty that obliges contracting states to recognize and enforce judgments made in other contracting states in civil or commercial matters. In 2022 Ukraine ratified the agreement according to which contractual relations between Ukraine and the EU will start on September 1, 2023.?

Reciprocity principle…

As mentioned above, recognition and enforcement of foreign court judgments in Ukraine is also possible on the ground of reciprocity principle. Thus, existence of such principle on bilateral recognition of court judgments is presumed, if otherwise is not evidenced in each specific case (Article 462 of the Civil Procedure Code of Ukraine).

However, it should be noted that this principle was introduced only as of 16 February 2010 following adoption of amendments in the Civil Procedure Code of Ukraine. Prior to that date, only ad hoc principle was recognized in Ukraine, i.e. recognition and enforcement of foreign court judgments, except under international treaties, was only possible in special cases under certain limited conditions.

What Does Recognition and Enforcement Mean?

Recognition means that Ukraine agrees to treat a foreign court’s decision as valid under Ukrainian law. Enforcement means taking steps to ensure that what the foreign court decided actually happens in Ukraine, such as collection of periodic payments, paying damages or fulfilling other obligations.

These processes are ruled by Ukrainian law and international agreements that Ukraine follows, like the Hague Convention on the Recognition and Enforcement of Foreign Judgments. The main law in Ukraine for this is the Code of Civil Procedure.

Why Is This Important?

In today’s global world, people and businesses often deal with legal issues across borders. Shall Ukraine not recognize foreign court decisions, it would be difficult or impossible for someone to make sure that a legal judgment from another country is recognized here. Ukraine’s legislation for recognition and enforcement makes it possible for foreign rulings to have legal power, helping to keep international dealings fair and orderly.

Though it may seem tricky, recognizing and enforcing foreign rulings in Ukraine is vital for fair dealings in global legal matters. Knowing the rules and following the right steps can ensure foreign decisions are properly handled in Ukraine

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