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On 8 February 2020, the law amending the Codes of Commercial, Civil, and Administrative Procedure of Ukraine entered into force. The amendments are aimed to decrease the excessive caseload of the Supreme Court, as well as to enhance certain procedural tools.

New criteria for admission of cases by Supreme Court

From now on, the Supreme Court will only review the case if:

  • the appellate court failed to follow an existing case of the Supreme Court
  • the applicant justified the need to overrule an existing ruling of the Supreme Court
  • there is no existing case of the Supreme Court on the issue in question
  • the lower courts significantly violated due process of law

New rules for interim measures

Certain types of interim relief are excluded from the procedural codes, as they occasionally proved abusive, namely:

  • compelling one to undertake an action
  • handover of a disputed property to a custody of a third party

In addition, the new amendments expressly prohibit granting interim measures suspending public or municipal tenders and similar competitive procedures.

Combating unfair practices

The amendments shut down certain loopholes in the procedural rules, which were abused by dishonest litigants to frustrate and delay the proceedings. As a result, the procedure for recusal of judges was revisited and mechanisms preventing groundless appeals against the procedural orders were put in place.

Related practices

Posted on February 17, 2020

Reconstruction of Ukraine by Kim & Chang and AVELLUM

Seoul, Korea – November 27, 2023 Kim & Chang, South Korea’s largest and most specialised law firm, in collaboration with AVELLUM, hosted a groundbreaking seminar in Seoul, focusing on the reconstruction efforts in Ukraine. The event aimed to facilitate discussions and provide insights for local businesses interested in investing in and contributing to the rebuilding […]

Posted on November 28, 2023 by MAKSYM MAKSYMENKO

AVELLUM and Hillmont Partners to win in the Supreme Court, having successfully defended the US investors Argentem Creek Partners and Innovatus Capital Partners 

Argentem Creek Partners (ACP) and Innovatus Capital Partners (Innovatus), a US-based investment fund and an asset management company, specialise in emerging market lending. ACP and Innovatus have invested hundreds of millions of US dollars in Ukraine in recent years. Hillmont Partners and Avellumwon in the Supreme Court, which ruled to uphold the bankruptcy proceedings against […]

Posted on November 21, 2023 by KOSTIANTYN LIKARCHUK
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