Civil and Commercial Disputes: Answers to Frequently Asked Questions

From the Team

Civil and commercial disputes are the most common type of cases we handle. Money, property, contracts, counterparties—conflicts arise wherever there are interests at stake. We’ve compiled the questions we hear most often.

Q: My counterparty hasn’t paid under the contract for three months. Where should I start?

A properly drafted written demand letter specifying the amount owed, the deadline for payment, and a warning of legal action.

This is not just a formality. First, in commercial disputes, the claim procedure is mandatory—without it, the court will dismiss the lawsuit. Second, a well-drafted claim often compels the debtor to pay without going to court—no one wants court proceedings with a public registry.

If the demand letter is unsuccessful, we file a lawsuit. At the same time, we can file a motion for provisional relief: freezing the debtor’s accounts or assets until the judgment becomes final. This is critically important if there is a risk of asset stripping.

Q: We signed a contract, but now we realize that the terms don’t suit us. Can we challenge it?

It depends on the grounds. A contract may be declared invalid if there is: a mistake at the time of signing, fraud or coercion, a forged signature, legal incapacity of a party, or a violation of form or content.

If there are no grounds for declaring the contract invalid, you can try to terminate it through the courts if the other party has materially breached its terms or circumstances have changed to such an extent that performance has become unfair.

The statute of limitations for challenging contracts is three years. But the sooner you file a claim, the more options you have.

Q: We lost the case in the first instance. Is there any point in filing an appeal?

Yes—if the court erred in applying the law or misinterpreted the evidence. The appellate court reviews the case in its entirety and may overturn or modify the decision.

We always analyze the decision before recommending an appeal. If there are no grounds, we’ll be honest. If there are, we prepare a well-reasoned appeal citing relevant Supreme Court precedents.

The deadline for filing an appeal is 30 days from the date the full text of the decision is issued. Don’t delay.

Q: We have a court ruling in our favor, but the defendant has not complied with it for six months. What should we do?

Initiate enforcement proceedings—either through a private enforcement agent or the State Enforcement Service. Private enforcement agents in Ukraine have significantly broader powers and work more quickly.

Next: we freeze the debtor’s accounts and assets, submit requests to registries to identify assets, and if the enforcement agent fails to act, we appeal their inaction.

A court ruling is a legal victory. But you will only receive actual money or property after effective enforcement proceedings. We accompany this process through to the end.

Q: A relative has died and left an inheritance. Other heirs are contesting our rights. What should we do?

First and foremost—do not miss the deadline for accepting the inheritance: six months from the date of death. If the deadline has already passed—it can be reinstated through the court if there are valid reasons.

If a dispute has already arisen, the options include: challenging the will, defending the right to a compulsory share, dividing the estate through the courts, or having an heir declared disqualified from inheriting.

Inheritance disputes are emotionally complex—and legally so as well. We handle them with an understanding of both aspects.

Q: The developer has failed to hand over the apartment on time for two years now. What can I demand?

Quite a lot. Under current law and court practice from 2025–2026, you are entitled to: a penalty for the delay in handing over the apartment, compensation for damages, including rental costs incurred during this period, termination of the contract and a refund of the funds paid with indexation, and compensation for emotional distress.

Current case law in cases against developers favors buyers—but your position must be properly formulated and proven.

Q: How do I know whether it’s worth going to court at all, or if it’s better to settle?

We always ask this question first. Court is time, money, and stress. If there’s a chance to resolve the issue through negotiation or mediation—that’s exactly what we suggest.

But there are situations where court is the only realistic option: when the other party ignores any dialogue, when a preliminary injunction is needed to protect assets, or when an out-of-court settlement is less favorable than a court ruling.

During a consultation, we honestly assess the prospects of both paths.

If you have a specific situation—tell us about it.

Contact our lawyers