Law of Ukraine
“On Ratification of the Agreement between Ukraine and the United Arab Emirates on Mutual Legal Assistance in Civil and Commercial Matters”
Date of entry into force:
July 23, 2013
Еhe Agreement between Ukraine and the United Arab Emirates on Mutual Legal Assistance in Civil and Commercial Matters (hereinafter referred to as “Agreement”) was concluded November 26, 2012 in Abu-Dhabi.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.
The Law ratifies the Agreement.
According to Article 1 of the Agreement, the citizens of one Party enjoy the same legal protection on the territory of the other Party as the citizens of such other Party, and have the right to appeal to its judicial authorities on the same terms as the citizens of such other Party. The above provisions also apply to legal entities located and incorporated on the territory of either Party according to its legislation. The citizens of one Party on the territory of the other Party are entitled to partial or complete relief from court fees according to the laws and procedures of such other Party, on the same terms and to the same extent as the citizens of such other Party.
Under the Agreement, the Parties provide each other with the widest scope of mutual legal assistance in civil and commercial matters in accordance to their legislation (Article 3 of the Agreement). Under the Agreement, legal assistance entails:
- servicing summons and other court documents;
- procuring evidence through court orders or subpoenas;
- recognizing and enforcing court resolutions and settlements.
According to Article 4 of the Agreement, the central authority of each Party shall submit and receive requests according to the Agreement. The Central Authority for Ukraine shall be the Ministry of Justice. The Central Authority for the United Arab Emirates shall be the Ministry of Justice.
Article 6 of the Agreement establishes that the request for servicing summons and other court documents shall include:
- the name of the requesting institution;
- the name, address and place or residence or location of the address;
- the parties of the case;
- the list of documents to be serviced.
In case any specific manner of servicing is required, it shall be stated in the request.
The competent authority of the requesting Party services the above documents according to its legislation and the rules applied in the respective case. Servicing can be done in a specific manner noted by the requesting Party, only if it is not in conflict with the legislation of the addressed Party, and subject to compensation of expenses associated with such manner of servicing. Summons and other court documents serviced under the Agreement are considered to be serviced on the territory of the requesting Party (Article 7 of the Agreement).
According to Article 8 of the Agreement, requests to service summons and other court documents under the provision of this Agreement can be refused only if the addressed Party believes that fulfilling such request will damage its sovereignty, safety or public order. If servicing was not carried out, the addressed Party shall immediately notify the requesting Party of the reasons.
Witness or expert compensations are envisaged by Article 11 of the Agreement.
The court authorities of one Party may, according to the provisions of their legislation, ask for procurement of evidence in civil or commercial cases, by submitting a request to the competent court authorities of the other Party (Article 12 of the Agreement). For the purposes of the Agreement, procurement of evidence includes:
- receiving statements and testimonies;
- supplying, verifying or analyzing documents and sample entries.
The court order shall include:
- the name of the court authority or another competent authority submitting the request to procure evidence;
- the nature of proceedings in connection with which evidence is required, and other necessary information related to it;
- evidence to be procured;
- full names of persons to be questioned, their citizenship, occupation, place or residence or stay; for legal entities – name and location.
If necessary, the request is supplemented with a list of questions that must be asked of the witnesses or other involved persons, or a statement on the subject matter on which testimony must be procured, and documents related to such evidence or statement.
The procedure for fulfilling orders for evidence procurement is established by Article 13 of the Agreement.
The addressed Party can only refuse fulfilling an order that corresponds to the provision of the Agreement if it believes that fulfilling such request will damage its sovereignty, safety or public order. An order cannot be refused for the sole reason that, according to its domestic legislation, the addressed Party has exclusive jurisdiction on the subject of action, or that its domestic legislation does not provide for the right to take legal actions on such matter (Article 15 of the Agreement).
Article 19 of the Agreement provides that each Party, according to its legislation, shall recognize and/or enforce court resolutions made by courts of the other Party in civil, commercial and family cases, including settlements approved by court, and in criminal cases, in the party of compensation of damages.
According to Article 20 of the Agreement, a court resolution is not recognized and not enforced if:
- the resolution is not final;
- the resolution is not enforceable;
- or the resolution was not made by a competent court;
- or enforcing the resolution will contradict the constitutional norms, sovereignty, safety of public order of the addressed Party;
- or the courts of the Party that received the petition to recognize or enforce the court resolution have exclusive jurisdiction in the case according to that Party’s legislation;
- or the resolution is conflict with the rules on legal representation of persons with limited or no legal capacity effective in the addressing Party;
- or the resolution was made by default, and the defaulting party had not been duly summoned to court according to the rules that apply in the state of its residence;
- or the dispute in which the resolution was made is being reviewed in a court of the addressed Party, between the same parties and for the same reasons, and the claim was filed to the court of such Party earlier than to the court of the Party that made the resolution, provided that the court before which the case was brought has the competence to review and resolve the matter; or if the resolution was made by a third stat court, between the same parties and on the same subject matter, and was recognized by the addressed Party.
The procedure for recognition or enforcement of a court resolution is established by the legislation of the addressed Party. The court authority of the requested Party that has the competence to recognize or enforce the court resolution without reviewing the case effectively shall limit itself to establishing that the court decision conforms to the terms stipulated by the Agreement. The enforcement decision can be made in respect of a court resolution as a whole, or parts thereof, if enforcement of such resolution can be divisible (Article 21 of the Agreement).