Interim Measures in Judicial Proceedings in Ukraine

1) What conditions must be met for the application of interim measures in Ukraine?

Application for interim measures shall be allowed either before filing a claim or at any stage of consideration of a case if failure to take such interim measures may significantly complicate or make impossible the execution of a court decision or adequate protection or restoration of violated or disputed rights or interests of the plaintiff, for the protection of which he has applied or intends to apply to the court, as well as on other grounds defined by law.

It shall not be allowed to take interim measures to secure a claim that is identical to the satisfaction of the stated claims if the dispute is not resolved on the merits.

2) What types of interim measures can be applied by Ukrainian courts?

Types of interim measures (in commercial proceedings):

1. seizure of property and (or) monetary funds belonging or subject to transfer or payment to the defendant and held by him or other subjects;

2. prohibition of the defendant to perform specific actions;

3. prohibition of other subjects to perform actions regarding the subject matter of the dispute or to make payments, or to transfer property to the defendant, or to fulfill other obligations thereunder;

4. suspension of collection on the basis of an enforcement document or other document under which collection is carried out in an indisputable manner;

5. suspension of the sale of property if a lawsuit has been filed to recognize the right of ownership of the property or to exclude it from the inventory and to remove arrest from it;

6. suspension of customs clearance of goods or items containing intellectual property objects;

7. seizure of a maritime vessel, carried out to secure a maritime claim;

8. other measures in cases provided for by laws and international treaties, the consent to be bound by which is granted by the Verkhovna Rada of Ukraine.

3) What documents and evidence are required to file a motion for interim measures?

An application regarding interim measures shall be filed in writing, signed by the applicant, and shall contain the following:

1. name of the court to which the application is filed;
2. details of the parties;
3. the subject matter of the claim and justification of the need to secure the claim;
4. the measure to be applied to secure the claim, with justification of its necessity;
5. the value of the claim that the applicant is requesting to secure;
6. the applicant's proposals on counter-security;
7. other information necessary to secure the claim.

The Law does not provide an exhaustive list of documents to be submitted together with the application for interim measures; the claimant must submit documents (evidence) justifying the need to apply interim measures. 

4) How long do interim measures last in Ukraine?

The ruling of the commercial court on securing a claim is an enforcement document and must meet the requirements for an enforcement document established by law. Such ruling shall be subject to immediate execution from the date of its issuance, irrespective of its appeal and the opening of enforcement proceedings. 

If the court has decided to uphold the claim, interim measures shall remain in force for ninety days from the date the decision enters into legal force or may be canceled upon a reasoned motion of a party to the case.

If, during the said period of time, enforcement proceedings are opened at the request of the plaintiff (claimant), the said measures to secure the claim shall remain in force until the full execution of the court decision.

In case of abandoning the claim without consideration, closing of the proceedings or in case of making a decision on full dismissal of the claim, the court in the relevant court decision shall indicate the cancellation of measures to secure the claim.

In such case, the measures to secure the claim shall remain in force until the respective court judgment or ruling enters into legal force.

5) Can interim measures be appealed in Ukraine?

A ruling to secure a claim or to refuse to secure a claim may be appealed. An appeal against a ruling on securing a claim shall not stop its execution and shall not prevent further consideration of the case.

An appeal against a ruling to cancel the interim measures or to replace one type of interim measure with another stops the enforcement of the ruling.

Author: Mykola Aleskiuk