All cases to be decided in civil proceedings, are considered by the district, city districts, urban and inter-regional courts.
Jurisdiction of civil cases in which one party is the court or a judge of the court is determined by the decision of the judges of the court by a higher court without calling the parties.
Jurisdiction of cases in which one party is the Ukrainian Supreme Court or a judge of this court is determined by the general rules of jurisdiction.
Claims against the individual who brought in the court at the place of residence.
Claims against the legal entities are presented to the court on their location.
Claims for the recovery of maintenance, the recognition of paternity of the defendant, claims that arise from employment relationships, may apply also in the residence plaintiff.
Claims for breaking the marriage may be brought in the residence of the plaintiff as if its contents are young or minor children or if he can not for health reasons or for other valid reasons to go to the residence of the defendant.
Claims for compensation for harm caused injury, other injury or death of a natural person, the harm caused by crime, may apply also in the residence of the plaintiff or the place of the injury.
Claims for the reimbursement of an injury by unlawful decisions, actions or omissions of investigative bodies, pre-trial investigation, prosecutor or court may be brought also in the residence of the plaintiff.
Claims on the Protection of consumer rights may be brought to the consumer's place of residence or place of injury or performance of the contract.
Claims for compensation for damage caused to property of individuals or legal persons may be brought to the place of the injury.
Claims arising from the activities of a branch or representative office of a legal entity, may apply also to their location.
Claims arising from contracts, which indicated the place of performance or execution of which, through their feature is only possible in a certain place, may be brought to the place of performance of this contract.
Claims against the defendant, place of residence is unknown, are presented on the location of the property of the defendant or his place of residence or the last known residence of the defendant.
Claims against the defendant, who has no residence in Ukraine, may be brought to the location of his property or the last known place of his residence or stay in Ukraine. Location of property and last known residence or stay of the defendant should be in every If reliably established.
Claims for damages caused by collision of vessels, as well as to recover compensation for rescue at sea may be made also at the location ship of the defendant or the port of registration of the vessel.
Lawsuits against the creditor for the recognition of executive endorsement of such a notary that is not subject to execution, or the return of recovering executive endorsement notary may apply also the place of his execution.
The plaintiff has the right to choose among several courts, which in accordance with this article matter for the courts, except for exclusive jurisdiction.
Jurisdiction of the case of a dispute between citizens of Ukraine, if both parties reside outside of the plaintiff's motion is determined by the decision of the judges Supreme Court of Ukraine. In this same order is determined by the jurisdiction of the case of rupture of a marriage between a Ukrainian citizen and a foreigner or a stateless person, who live outside of Ukraine.
Parties have the right in writing to determine the territorial jurisdiction of the case, except cases for which the establishment of the exclusive jurisdiction.
Claims against multiple defendants who reside or are located in different places, are presented by place of residence or the location of one of the defendants the choice of the plaintiff.
The counterclaim, regardless of jurisdiction shall be presented in court in the consideration of the initial claim.
Claims that arise over the real property, brought on the location of the property or its major part.
Claims about the exclusion of property from the inventory are presented according to the location of the property or its major part.
Claims of creditors of the testator are presented according to the location of the estate or the main part.
Claims against carriers, which arise from contracts of carriage of cargo, passengers, baggage, mail, brought on the location of the carrier.
If the judge deciding the question of the opening of proceedings determines that it is not the jurisdiction of this court, the statement returned to the claimant to provide in the appropriate court, as the order was directed. The court order together with the application and all attachments thereto are sent to the plaintiff.
Court transfers case to another court if:
- Petition of the defendant, whose residence had not previously been known to refer the case to his place of residence or location;
- After the opening of proceedings and the beginning of the trial proved that the statement was made violation of the rules of jurisdiction;
- After meeting the tap (a resignation) it is impossible to form a new composition of the court for a hearing;
- Abolished the court, which heard the case.
Transfer of cases from one court to another is carried out on the basis of a court order after the expiration of his appeal, and in the event of a complaint - After leaving her unsatisfied.
Prohibited to transfer to another court case, which is considered by the court, except in cases established by this Code.
Disputes between the courts of jurisdiction are not allowed.
Case transferred from one court to another, should be taken to the Court, to whom it is sent.
The suit is brought by filing a claim in the Court of First Instance, where it is registered, processed and transferred to a judge in order of priority.
The plaintiff has the right to join in one lawsuit several requirements that are related to one another.
The statement of claim filed in writing and must contain:
- The name of the court, in which a complaint;
- Name (title) of the plaintiff and defendant, and the name of the representative plaintiff, if the statement of claim filed by a representative, their place of residence or location, postal code, means of communication, if such a well-known;
- Content of the claim;
- Amount of the claim concerning the requirements of material nature;
- A statement of the circumstances, what the plaintiff bases his claim;
- Indication of evidence that confirm each circumstance, the existence of grounds for exclusion of evidence;
- A list of documents attached to the statement.
The statement of claim signed by the plaintiff or his representative with the date of its compilation.
Claim must meet other requirements established by law.
The statement of claim annexed documents which confirm payment of court fees and payment of costs for information technology support for consideration case.
In the case of a claim by persons who act to protect the rights, freedoms and interests of another person, the statement must be specified grounds such treatment.
If the statement of claim filed by a representative of the plaintiff, the claim is attached a power of attorney or other document that confirms his credentials .
Applicant must attach a copy of his statement of claim and copies of all documents attached to it, depending on the number of defendants and third persons.
Rules of this article regarding the provision of copies of the documents does not extend to claims which arise from employment relationships, as well as compensation harm caused by crime or injury, other injury or death of a natural person, unlawful decisions, actions or inactivity of the bodies of inquiry, pretrial investigation, prosecution or trial.
The judge, finding that the statement of claim filed without complying with the rules of drafting or not paid the court fee if not paid the costs of information technology ensuring consideration of the case, issues an order, indicating the grounds for the abandonment of the application without movement, as reported by the plaintiff and provides him time to correct deficiencies.
If the plaintiff in accordance with a court order in a timely comply with the requirements of the court, pay the amount of court fees, and pay costs for information and technical support of the case, the statement of claim is filed on the day of the initial grant to the court. Otherwise statement not considered filed and returned to the claimant.
In addition, the statement is returned in cases where:
- The claimant before the opening of the case filed an application for the return of his claim;
- The application was filed incapacitated person;
- Statement from the representative of the plaintiff filed a person who has no authority to conduct the case;
- It is not the jurisdiction of this Court;
- Apply for a marriage break during his wife's pregnancy or until the child reaches one year without complying with requirements established by the Family Code of Ukraine.
On the return of the claim the judge makes a ruling.
Return the statement of claim does not preclude re-treatment with a statement in court, will cease to exist if the circumstances which give rise the return statement.
Defendant has the right to, or in time of the previous hearing to file a counterclaim.
The counterclaim is accepted for general consideration of the original claim, if the two inter-related lawsuit and the total consideration is appropriate, namely, when they arise from one relationship, or when the payment of claims may vzaimozachislyatsya, or when the satisfaction of the counterclaim may exclude whole or in part satisfaction of the initial claim.
Requirements to the counterclaim by court merged into one production with the original claim.
A counter-claim filed in accordance with general rules of action.
The right to appeal to the Commercial Court
Enterprises, institutions, organizations and other legal entities (including foreign), citizens who carry out business activities without creating a legal entity and duly received the status of a business entity (hereinafter - the companies and organizations), have the right to apply to the Commercial Court in accordance with established the jurisdiction of economic affairs for the protection of their violated or contested rights and interests protected by law.
In cases stipulated by legislative acts of Ukraine, the Commercial Court have the right to seek state and other agencies, citizens, are not subjects of entrepreneurial activity.
Agreement on the waiver of the right to appeal to the Commercial Court is invalid.
Economic Court takes case on the statement of claim:
- Enterprises and organizations that address the economic court to protect their rights and legally protected interest;
- Public and other bodies that address the economic court in the cases stipulated by legislative Acts of Ukraine;
- Prosecutors and their deputies, who turn to the economic court in the interest of the state;
- Audit Chamber, which refers to the economic court in the interest of the state within the authority, which envisaged by the Constitution and laws of Ukraine.
A prosecutor who appeals to the economic court in the public interest, the claim itself defines what is the violation of interests State, and justifies the need to protect them, and also indicates the authority empowered by the State to carry out the respective roles in the disputed relations.
Economic Court initiates bankruptcy proceedings upon written request of any of the creditors, the debtor.
Economic courts under the jurisdiction of:
- Cases of disputes which arise from the conclusion, modification, and implementation of rupture of economic contracts and other grounds, as well as in debates on the invalidation of the instruments on the grounds specified in the law, except:
- Disputes that arise in harmonizing standards and technical regulations;
- Disputes about the pricing of products (goods), as well as tariffs for services (performance of works), if these prices and tariffs in accordance with the law can not be established by agreement of the parties;
- Other disputes, the decisions are in accordance with the laws of Ukraine, international treaties and agreements attributed to the conduct of other bodies;
- The bankruptcy case;
- The case on allegations organs of the Antimonopoly Committee of Ukraine, the Accounting Chamber on the issues within the legislative acts within their competence.
Subordinate economic courts, the dispute may be referred to by the parties to the decision of the arbitral tribunal (arbitration), except for disputes about invalidation acts, as well as disputes that arise from the conclusion, modification, and implementation of rupture of economic contracts related to the satisfaction of public needs.
The local economic courts consider in the first instance all cases subordinate economic courts.
Cases of disputes that arise from the conclusion, change and discontinuity of economic contracts, the case in the controversy over the recognition of treaties are considered invalid Economic Court on the location of the parties bound by contract to carry out in favor of the other party certain actions, such as: transfer the property, perform work, provide services, pay the money and so on.
Cases of disputes that arise during the implementation of economic contracts and other reasons, as well as cases of invalidation of acts considered Economic Court on the location of the defendant.
Cases in disputes involving multiple defendants are considered economic court on the location of one of the defendants to the claimant's choice. Cases disputes involving the debtor and the creditor's acceptance of executive endorsement of such notary, that is not subject to execution, or the return of recovering the executive signs notary considered economic court at the location of the defendant or the place of performance of the executive signs the notary at the option of the plaintiff.
If a legal person authorized by it is a separate subdivision, the territorial jurisdiction of the dispute is determined by taking into account parts of the first - A third of the article, depending on the location of a separate unit.
Place the case on commercial disputes, in which one side is the Commercial Court of Appeals, Economic Court of the Autonomous Republic of Crimea, the economic court of the cities of Kiev and Sevastopol, defines the Supreme Economic Court.
Bankruptcy cases are considered economic court of the debtor's location.
Assigned to the jurisdiction of economic court case in disputes arising from contracts of carriage, in which a defendant is a body of transport considered economic court at the location of the body.
Cases in dispute over ownership of the property or to reclaim property from illegal possession or the removal of obstacles in the use assets are considered economic court at the location of the property.
Cases of disputes concerning the intellectual property rights are considered economic court of the place of the violation.
Cases in disputes in which defendants were the highest or central executive authorities, National Bank of Ukraine, the Accounting Chamber, Supreme Rada of the Autonomous Republic of Crimea or the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city councils or regional, Kyiv and Sevastopol city state administration, as well as cases, materials which contain state secrets, are considered economic Court of Kiev.
Form and content of the statement of claim
The statement of claim filed in the Commercial Court in writing and signed by an authorized official of the plaintiff or his representative, the prosecutor or his deputy, a citizen - business entity or its representative.
The statement of claim must contain:
- The name of economic court, in which a complaint;
- Name (for legal persons) or name (surname, first name and patronymic for individuals) of the parties, their location (for legal entities) or residence (for individuals), identification codes of an economic entity (for legal entities) or individual identification numbers (for natural persons - taxpayers);
- Documents confirming the status of a citizen of the business entity;
- Specify the price of the claim if the claim is subject to monetary evaluation, the amount of the contract (in the disputes that arise from the conclusion, change and fracture of commercial contracts);
- Content of the claim if the claim was filed by several defendants - the content of the claim on each of them;
- Circumstances in which substantiated the claim; guidelines of evidence that confirm claim; reasonable calculation of the sums which are charged or are disputed, the legislation under which the claim is filed;
- Information on the application of measures of pre-trial settlement of the dispute, if conducted;
- A list of documents and other evidence, which is attached to the statement.
The petition may be referred to and other information, if they are necessary for the proper solution to the dispute.
The plaintiff, prosecutor or his deputy are obliged to file a claim send the parties a copy of the complaint and documents attached thereto, if those documents the parties have not.
The same duty to the plaintiff in the case involving economic court to participate in the case of another defendant, the replacement of economic court improperly defendant.
The statement of claim annexed documents which confirm:
- The application of measures of pre-trial settlement of economic disputes with each of the defendants (in the disputes that arise the conclusion, change or break contracts - contract accordingly, the draft treaty, the letter, which contains the requirement to establish, change or breach of contract, details of the proposals on the one hand and consider them in due course, answer the second part, if it is received, and other documents; in disputes that arise during the implementation of treaties and other reasons, - a copy of the claim, the evidence of sending the defendant, a copy of the answer the claim, if the response is received);
- The fact of sending the defendant a copy of the complaint and documents attached thereto;
- Payment of state fees in the prescribed manner and amount;
- Payment of costs of information technology support for the judicial process;
- Circumstances that justified the claim.
An application for the recognition of the act invalid also attached a copy of the contested act or a duly certified extract from it.
The statement of claim, signed by the representative plaintiff, accompanied by power of attorney or other document which confirms the authority of the representative plaintiff.
Judge returns the petition and documents attached to it without consideration if:
- The claim is signed by a person who has no right to sign it, or a person, official which is not specified;
- The statement of claim is not specified the full names of the parties, their postal addresses;
- The statement of claim did not specify the circumstances underlying the claim, the evidence that confirm the circumstances set forth in the statement, a reasonable calculation of the collecting or the amount in controversy;
- Not provided evidence of payment of state fees in the prescribed manner and amount;
- Violated a rule of association claims or combined in one lawsuit several requirements to one or more of the defendants and the joint consideration of these requirements would impede the clarification of rights and the relationship of the parties or substantially impede solution to the dispute;
- Not provided evidence to send the defendant a copy of the complaint and documents attached thereto;
- Before making the decision to institute proceedings against the plaintiff received a statement on the settlement dispute;
- Not provided evidence of payment of the costs of information technology support for the trial.
Judge returns claim not later than five days after its receipt, what makes a ruling. Decision on the return of the claim may be appealed.
Return of the statement of claim does not preclude re-treatment in the economic court in the general procedure after removal of the breach.