1. Is there an exequatur procedure?

Yes. Recognition and enforceability of a foreign judgment takes place upon a court’s ruling as long as the requirements are met and no grounds for refusal are invoked.

The enforceability of the foreign judgment passed by the state court shall be issued by the local Civil Court (загальний районний суд) of the place where the person against which enforcement is sought is domiciled, or of the place where this person’s assets are located (if the place where he is domiciled is unknown). The enforceability of international tribunal’s judgement shall be issued by the Kyiv Court of Appeals (Київський апеляційний суд).

2. What are the applicable statutes?

2.1 State courts’ judgements

Articles 462 and 468 of the Code of Civil Procedure of Ukraine govern the recognition and enforcement of judgments passed by a foreign state court and grounds to reject in recognition:

2.2 Arbitral awards

The recognition and enforcement of judgments passed by a foreign arbitral court, as well as grounds to reject such recognition, are governed by Articles 474, 476 and 478 of the Code of Civil Procedure of Ukraine in conjunction with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

3. What are the important judicial precedents?

As Ukraine belongs to the civil law system, precedents are not considered a source of law under the general rule. The only exceptions are legal conclusions regarding application of rules of law that are contained in the Supreme Court (Верховний Суд) decisions. These conclusions shall be taken into account by courts of lower jurisdiction while considering cases. In general, courts of lower jurisdiction adhere to and follow the existing decisions of the Supreme Court, however, they have a right to rule differently, but shall substantiate such a decision well. Among the most important Supreme Court opinions with regard to exequatur procedure are the following:

  • not contrariety to the public order;
  • respect of the parties’ right of defence (i.e. collect sufficient evidence that all the parties were warned in advance regarding the hearing at the foreign court);
  • validity and applicability of the contract clause regulating the court where disputes shall be resolved.

4. Does the exequatur mean that the case must be retried on the merits?

Beyond the assessment of compliance with the requirements prescribed for recognition and enforcement, Ukrainian courts shall not review the judgments on their merits.

5. How long does the exequatur procedure take?

The typical timeframe for the proceedings to grant enforcement is two to six (if an appeal was filed) months.

6. Is the opponent given the opportunity to challenge the exequatur?

Yes.

Article 469 of the Code of Civil Procedure of Ukraine prescribes that a court’s ruling on recognition and/or enforcement of the foreign judgment may be challenged to the court of appeals.

Article 480 of the Code of Civil Procedure of Ukraine stipulates that a court’s ruling on recognition and/or enforcement of the foreign award within the general procedure established by this code. Considering that all applications on recognition of the foreign awards shall be considered by the Kyiv Court of Appeals, its rulings may be challenged in the Supreme Court.

Moreover, during the enforcement proceedings, the defendant is entitled to general remedies against enforcement measures under Ukrainian law.