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| World LinkSpring'08 |
World LinkSpring'07 |
World Link
for Law |
#2 2006 |
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 The official magazine of the ICS "Shipping Network" No 1 issue 10
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Ukraine started to reform its judicial system. In accordance with the Law On Judicial System (2002), the court has been divided into the Constitutional Court with primary tasks to enforce and interpret the Constitution and the laws of Ukraine and Courts of General Jurisdiction. The Courts of General Jurisdiction include: (i) local courts, (ii) courts of appeal, (iii) The Court of Appeal of Ukraine, (iv) Court of Cassation, (y) Higher specialized courts, (yi) The Supreme Court of Ukraine.
The specialized courts are commercial and administrative. District courts represent the lowest level of the system. The Court of Appeal of Ukraine, the Court of Cassation and the High Administrative Court were recently created and have not been opened yet.
Local courts hear cases when one of the parties is a private person and involves claims of illegal actions by state officials or notary publics. Cases may be initiated by filing a written application or complaint with the court where the respondent is situated. The claim shall include certain details. The case is heard in an open court session in the language of Ukraine.
Commercial courts hear disputes involving legal entities and state institutions. As a rule the claim is initiated by filing a written complaint with the commercial court where the respondent is located. The claim should correspond to certain demands.
The case is heard in an open court session in the Ukrainian. The party who is not satisfied with the decision of the lowest regular court may file an appeal, based on reason of fact or law, with a territorial court of appeal.
Courts of appeal are established for each region of Ukraine. There are also courts of appeal for the cities of Kyiv and Sevastopol and for the Crimea Autonomous Republic. The written appeal should be sent to the court that passed an award.
The party who is not satisfied with the decision of the court of appeal or the lowest court may file a cassation to the Supreme Court of Ukraine or to the High Commercial Court if the case was heard by a regional commercial court. A cassation may be filed only for reasons of law.
Arbitration tribunals established by individuals or organizations are not popular because of some difficulties in implementing their awards. The well-known arbitration tribunals are International Commercial Arbitration Court and Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry. These arbitration tribunals act on the basis of the Law of Ukraine On International Commercial Arbitration and the Rules of Arbitration and are widely used as a competent authority for dispute resolution by Ukrainian and foreign companies engaged in foreign trade activity.
The enforcement of court awards in Ukraine is performed as a rule by the district departments of the State Enforcement Office acting on the basis of the Law of Ukraine On Enforcement Process.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our company will be glad to assist you in this respect.
Please do not hesitate to contact us.
© 2007
Arthur A. Nitsevych
Partner,
International Law Offices | |
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| 03 july 2008 The managing partner of the LLC “International Law Offices” Arthur Nitsevich was appointed a member of the Nautical Institute Committee of Ukraine at session of the MIU Committee on June 27th, 2008. The Nautical Institute with headquarters in London unites experts in the sphere of maritime business, politics and law in more than 110 countries. The chief object of this public organization is promotion of high standards in the field of maritime education, professional development and competence of maritime experts.
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| 03 july 2008 At the Fourth Annual International Conference “Practice if Maritime Business: Sharing Experience” that was organized and carried out in May, 2008 in Odessa city by the Law firm “International Law Offices” and the Law firm “Remedy” from St.-Petersburg, it was declared for initiating new members into the Nautical Institute of Ukraine: a partners of the Law firm “Remedy” – Mr. Suprunenko and Nikolay Melnikov – “International Law Offices” that implies a recognition of their significant personal contribution to the goal achievement the Nautical Institute raises.
The honorary secretary of the Nautical Institute of Great Britain (NI) Philip Wake personally congratulated new members of the institute and presented the diplomas.
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| 16 june 2008 This is the third year of the presence of our Law firm “International Law Offices” in world-famed catalogue of leading Law firms Legal 500 of John Pritchard among the other ukrainian legal companies as well as in the same named directory Legal500.com
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| 10 april 2008 Office of Law Firm International Law Offices moved into the completely new office in the historical center of Kiev : 3, Kudryavskiy Uzviz, office 4
Kiev, 04053, Ukraine
The telephone number is the same +38 044 332 12 83
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| 19 february 2008 The Partner of International Law Offices Natalya Shpak has joined to the delegates of this ambitious forum, arranged by UKRcham, Swiss-Ukrainian Business Chamber involved organizations, companies and the Swiss Embassy. The overall intention was further strengthening the economic cooperation between Ukraine and Switzerland and giving information on advantages of the Location Switzerland.
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| 23 january 2008 Can governments in partnership with the private sector and non-profit organisations promote sustainable development? This is the primary question of the project led by United Nations Economic Commission for Europe. International law offices in the person of Partner Arthur Nitsevych is engaged by the project as a Ukrainian expert in the field of PPP. This research is examining whether, and under what conditions, Public-Private Partnerships (PPPs) can be conceived to include criteria for peace and sustainable development. This would include considerations for sustainable management of resources, equitable access to these resources for both women and men affected by the PPPs, as well as their safety, the security in the region, and the protection of infrastructure.
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