Litigation cases

Court is the last instance to try and settle a dispute.

The particulars of claims are rather diverse. To analyse your case by applying the procedural and substantive laws, it is necessary to have both comprehensive knowledge of legislation and in-depth experience.

Having examined the facts of the case, our attorneys will offer a proper solution and the most efficient trial tactics and strategy.

We can reduce the risks you encounter as low as possible.

Pre-trial negotiation and settlement of disputes

If controversy arises with your partners, counter agents do not fulfil their obligations – you needn’t hurry to appeal to the court. Most conflicts can be settled pre-trial, what saves both money and time.

The procedure for pre-trial dispute settlement incorporates a number of measures that can help solve the dispute with a counter agent without appealing to a court.

The said measures imply not only filing a claim (or claim response) but also direct communication with your partner in order to find a way out and solve the problem.

At this stage, we gather the information about your partner, creditworthiness of the latter, deeds with suppliers/clients, general reputation, etc.

We’ll do our best to solve the problem within the shortest time possible through embedding the most successful scenario that can help achieve desirable outcomes. We can act both as a representative of an initiator of pre-trial dispute settlement and a party that is sued and responds to a claim.

Our services include:

  • counselling and advise on pre-trial dispute settlement;
  • preliminary analysis of whether a counter agent has fulfilled the commitments undertaken;
  • drafting a claim (response to a claim);
  • communication with your counter agent;
  • participation in negotiations;
  • fulfilment of agreements and understandings being reached.

Conducting criminal, civil, commercial, and administrative cases

There are various types of legal proceedings in Ukraine: criminal, civil, commercial or administrative proceedings. They differ significantly. In some cases they intersect, for example, when the decision of the court in a criminal case can be used as evidence in a civil matter.

Given the various kinds of court proceedings and necessity to provide a comprehensive solution when the action results in two different court cases, what occurs rather often, it is reasonable to seek help of a team of attorneys (lawyers) having knowledge and expertise in a particular law field and interacting with each other.

Diverse expertise and collaboration allow getting maximum results with minimum risk.

A suite of services we offer:

  • to analyse the situation, facts, documents and evidences, to predict what can happen next in the court proceedings and its outcomes;
  • to develop trial tactics and strategy;
  • to draft necessary legal documents;
  • to represent you in court (defence);
  • enforcement of court decisions, execution proceedings.

Debt collection on a promissory note (documentary evidence)

A promissory note or any other written evidence of debt does not always guarantee the money will be repaid by a borrower. Such documents often lack necessary details to be recognized by the court as a legally binding document that can oblige to pay off a debt so long as they are mostly drafted without the assistance of an attorney.

We will exert our best efforts to collect or enforce payment by a debtor or successors of the latter upon any certificate of debt.

Our services:

  • to analyse documentary evidence, prediction of what can happen next in the court proceedings and its outcomes;
  • to develop trial tactics and strategy;
  • to draft legal documents used in court proceedings;
  • to defend your interests in court;
  • enforcement of court decisions, execution proceedings.

Loan agreement disputes, insurance disputes

Disputes with financial institutions appear to be rather specific in most cases caused by the financial and economic instability in the country, the aftermath of which is dishonest behaviour of insurance and credit companies.

Credit institutions (banks, pawn shops, financial companies) often profit from foisting off unfavourable loan conditions on borrowers whose financial situation is unstable as it is. Insurance companies may not pay an insurance claim or can do it partially.

If you encounter such situation – you should seek an expert advice.

Our services cover:

  • analysis of the situation, facts, documents and evidences;
  • pre-trial dispute settlement;
  • development of trial tactics and strategy (in case of impossibility to settle it pre-trial);
  • drafting of legal documents used in court proceedings;
  • representing you in court (defence);
  • enforcement of court decisions, execution proceedings.

Bankruptcy

The bankruptcy procedure is one of the alternatives to pay off the money owed to the creditor. It is started in case a debtor does not recover the judgment debt amounting to at least 300 minimum salaries during not less than three months.

The bankruptcy gives the creditor a suite of tools to solve the problem arisen due to outstanding debts. Thus, the bankruptcy process makes it possible to get the ownership right on the debtor’s property, up to the entire property the latter owns.

It is worth noting that the main purpose of starting the bankruptcy process is anti-crisis management aimed at re-establishing the creditworthiness of the debtor. Therefore, we can act not only as a creditor’s proxy but also on the side of a debtor. The bankruptcy procedure gives the debtor a chance to get rid of debts, as far as the creditor who has not made a claim within one month since the date of notification, loses the right to recover the debt.

We closely cooperate with the insolvency practitioner in Ukraine, what allows us to apply a comprehensive approach to tackling these issues.

Our services:

  • to analyse a situation;
  • to develop trial tactics and strategy;
  • to draft all required legal documents;
  • to defend your interests in court;
  • services to force the sale of debtor’s property;
  • etc.

Succession, family, land, housing disputes

The said disputes are called «domestic». Mainly, these disputes occur between individuals.  The intricacy of dispute resolution appears due to its emotional aspect. Our services can protect you from emotional upset, commotion and anxiety caused by litigation with you opponents.  

An attorney (lawyer) who conducts your case and represents you in court should be not only an expert in a field, but also an experienced physiologist.  

Our services cover:

  • analysis of the situation, facts, documents and evidences;
  • development of trial tactics and strategy;
  • drafting of all required legal documents;
  • representing you in court;
  • enforcement of court decisions, execution proceedings.

Labour disputes

Labour disputes happen only between an employer and employee. Generally, the reason they can happen for is violations of labour and employment laws, and in some cases – bona fide ignorance of the law provisions.

Owing to provision of services to our clients for quite a number of years – companies, the large employers, we’ve gained a valuable experience in solving labour disputes. The most common cause is wage arrears, compensation due, and reinstatement.

We can defend your interests in a court trying a labour dispute case. Our expertise allows representing the interests of both an employer and employee.  

Our services cover:

  • analysis of the situation, facts, documents and evidences, prediction of what can happen next in the court proceedings and its outcomes;
  • development of trial tactics and strategy;
  • drafting of all required legal documents;
  • representing you in court;
  • enforcement of court decisions, execution proceedings.

Road traffic accident cases

Some other types of disputes are road traffic accident cases, with damage to a vehicle and injury to people. So, these disputes can be resolved via civil lawsuit (recovery of damage caused by a car accident), administrative or criminal proceedings (in case of substantial damage to people due to a road accident).

As regards road accidents, it is necessary to take into account technical particularities, to interact with appraisers and road police. Without a lawyer experienced in tackling such cases – you cannot do.

Our services cover:

  • analysis of the situation, facts, documents and evidences, prediction of what can happen next in the court proceedings and its outcomes;
  • development of trial tactics and strategy;
  • drafting of all required legal documents;
  • representing you in court;
  • enforcement of court decisions, execution proceedings.

European Court of Human Rights

When all remedies to solve the dispute in the domestic courts are exhausted, the necessity of applying to the European Court of Human Rights arises.

The legal practitioners who are highly experienced in counselling and representing clients in legal matters are not numerous. Our lawyers have communicated with the European Court of Human Rights at least once. Our lawyers and attorneys have extensive experience in dealing with the European Court of Human Rights. We cooperate with many human rights organizations, too.

A range of our services cover:

  • analysis of the situation, facts, documents and evidences;
  • consultancy and advice on possible outcomes that can ensue after applying to the European Court of Human Rights;
  • drafting of all required legal documents;
  • conducing correspondence with the European Court of Human Rights;
  • enforcement of court decisions made by the European Court of Human Rights in Ukraine.

International Commercial Arbitration

The International Commercial Arbitration is an alternative approach to solving economic disputes with an international component. Economic entities of international business that have stipulated for hearing of a case at the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry can fully rely on our support in handling any dispute.

A dispute can be tried in the ICAC court at the UCCI if the agreement contains a relevant arbitration clause.

While settling such disputes, it is necessary to involve experts proficient in handling cases that fall under the private international law and legislation of other countries which norms and laws are applied for dispute resolution.  

We have experience in appealing to the ICAC at the UCCI. The disputes solved include those arisen between Ukrainian enterprises and western or eastern companies.

A range of our services cover:

  • analysis of the situation, facts, documents and evidences;
  • development of trial tactics and strategy;
  • counsel on how to appeal to the ICAC at the UCCI;
  • drafting of all required legal documents;
  • conducing correspondence with the ICAC at the UCCI;
  • defending your interests before the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry;
  • enforcement of court decisions made by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, within Ukraine and abroad.