The Commercial and Procedural Code of Ukraine
Date of Entry into Force:
March 1, 1992
In accordance with the commercial and procedural code (hereinafter CPC) the following subjects are entitled to appeal to the commercial court to protect violated or disputed rights and legally protected interests:
- other legal entities (including foreign entities);
- citizens - subjects of entrepreneurial activity (hereinafter enterprises and organizations).
Simultaneously the CPC shall determine provisions of pre-court settlement of commercial disputes. In compliance with these provisions enterprises and organizations whose rights and legal interests have been violated are to present a claim in written form to the violator of these rights and interests. The pre-court settlement is mandatory only for disputes arising from:
- contract of carriage ;
- contract on providing of communication services ;
- contract based on state order .
Thereby the specified disputes may be transferred for settlement of a commercial court only on condition of observing the procedure of pre-court settlement.
The CPC shall entitle the following courts to consider cases:
- Commercial Court of the Autonomous Republic Crimea;
- regional commercial courts, courts of cities Kyiv and Sevastopol;
- Supreme Commercial Court of Ukraine;
- Supreme Court of Ukraine;
Commercial court takes decision on settlement of a dispute, which shall enter into force immediately after it is rendered.
At the same time court of appeal or cassation institution may reconsider resolution of the commercial court.
The CPC shall stipulate that foreign enterprises and organizations have procedural rights and liabilities equal to Ukrainian enterprises and organizations. The CPC shall as well determine legal immunity of a foreign state.