The presence of a court decision, unfortunately, is not a guarantee of its execution! The volition of justice must be executed, only after that the party whose right has been violated and protected by the court on paper can be fully satisfied.
All court decisions, regardless of whether they are rendered on the territory of Ukraine or in another country, are binding!
The procedure for the execution of judicial decisions of foreign courts on the territory of Ukraine is by and large not much different, it is simply complicated by individual nuances and for this reason it can last longer if only experienced lawyers do not participate in it.
Thus, foreign court decisions in Ukraine are executed standardly – on the basis of as-built documentation, but on condition that the Ukrainian law recognizes the decision of another country!
What does it mean?
Ukraine is a full-fledged participant in international agreements whose essence lies in the mutual provision of legal assistance by countries to each other, including the provision of mutual assistance in the implementation of court decisions.
There is a list of countries whose decisions Ukraine has pledged to implement. At the same time, there are states whose decisions of the courts on the territory of our country cannot be executed, or it is possible only in certain types of legal relations.
To carry out decisions of foreign courts in our country is possible only after recognition of such a decision on the territory of Ukraine in the manner prescribed by procedural legislation.
Procedure step by step
Thus, the recognition and enforcement of decisions of foreign courts in Ukraine is regulated by Section 9 of the Civil Procedure Code of Ukraine and within the framework of this legislative procedure:
- An application for recognition and enforcement of a court decision of another country shall be filed with the court of general jurisdiction. It is served at the place of residence of the physical person (at the location of the legal entity) or at the location of the property to be recovered.
- The court considers the possibility of issuing a permit for the enforcement of the decision, and in the case of a positive decision makes an appropriate determination and issues a writ of execution to the interested subject.
The complexity of the execution of decisions of foreign courts in Ukraine
Despite the seeming simplicity of the procedure, it can last for years. In particular, due to non-compliance with the deadlines, requirements for executive documentation, failure to provide the necessary additional information, as well as due to the banal inaction of state performers.
Once again, difficulties are inevitable if professional human rights advocates are not involved in the case, who know how to simplify the process and achieve the most effective results in minimal time intervals.
The procedure for filing a petition with the relevant judicial authority, accompanying it and further controlling the movement of a judicial decision in the executive branch are practically unpromising without the knowledge and experience, but …
Appeal to professional human rights defenders, for example, to lawyers of the ILF Speaker, is a real opportunity to go through the procedure of execution of judicial decisions of foreign courts in Ukraine quickly and with a positive result.