COURT CASES

Representing the client in the courts

Representing the client in the courts

судебные дела

You must admit that the word “court” triggers minimum positive emotion in anyone. Court cases bring particularly unpleasant feelings to business owners and leaders. First of all, such a reaction is connected with the fact that the legal trial takes a considerable time. Even the deadline for receiving a court decision that has entered into force in the case of debt collection in an economic court is usually up to six months. And disputes over declaration of proprietary rights of real estate or corporate disputes can be adjudicated for years. However, the business can not wait. Business people are irritated by the amount of time spent, because it could be used much more efficiently and more rationally within the business itself. And it is actually so.

Moreover, you shouldn’t forget about the emotional state. An unprepared before the court in session will certainly experience severe stress due to a lack of understanding of the new situation. And stress, as we know, has a bad effect on the effectiveness and ability to control the situation, which can lead to unpredictable consequences both in the judicial contest and in taking business decisions.

судебные дела

Consequently, we are ready to offer you to conduct cases of your enterprise in commercial, administrative and civil proceedings both in the Dnipro and throughout Ukraine at any stage, regardless

of the instance, minimizing the participation of owners and employees of the enterprise in the process. Our legal experts have many years of

experience in protection of interests of business in the courts, which gives them the opportunity to use all the nuances and strategies for participating in court proceedings.

Legal advice and conduct of cases in Dnipro

There are many law firms and lawyers in Dnipro that grant legal aid in court cases.

“Borysenko & Partners” law firm makes a specialty out of legal assistance for business and litigation of court cases, related to commercial, corporate and public law disputes. These disputes have their own specifics in terms of strategy, tactics, manners of proving, not to mention the nuances of legislation and judicial practice. Due to the fact that the lawyers of our company have been working in this direction for many years, we often see more than other lawyers and can help even in very complicated cases. When a case is really hopeless, we look through a broader lens at the situation and find other ways to help the client, because, apart from psychic income, victory in a court case itself is usually a means of achievement of an objective, but not the objective itself.

Our legal firm provides the customers in Dnipro and throughout Ukraine with the following legal services related to court cases:

  • free initial legal consultation about procedural aspects of a court case;
  • legal advice in relation to practicable legal proposition and prospects of a case;
  • pulling cases by a lawyer with regard to case;
  • preparation of a statement of claim, statement of defense and other procedural documents;
  • court representation;
  • analysis of the judicial court and provision of legal advice regarding its compliance with the interests of the client;
  • legal assistance in rehearing of decisions;
  • representation in courts of appeals and cassational instances;
  • assistance of a lawyer at the stage of execution of judgement;
  • other professional legal assistance in court cases.

Court representation from “Borysenko & Partners” law firm

You may have a question why should you entrust the court representation and debt collection to the lawyers of our law firm?

In accordance with the law of Ukraine, from January 1, 2019, only lawyers or personally the executives of these corporate bodies can represent the interests of legal entities in the courts. Our company operates in the type of legal entity of a law society, therefore we can not only represent your interests in the judicial authorities, but also, by a court decision, recover the costs of our legal services from legal opponents.

Judiciary staff of our law firm succeed in business of the following categories:

  • debt recovery;
  • declaration of proprietary rights on immovable property;
  • protection against corporate raids, appeal of decisions of the general meeting of participants and other corporate disputes;
  • disputes under contracts;
  • appeal of tax decision notices and other disputes with the tax office;
  • appeal of penalties of the labour inspection (State Labour Service of Ukraine);
  • withdrawal of an attachment on properties, etc.

Let us consider the key stages of conduct of judicial proceedings

  1. Getting of preliminary legal consultation
    Why is it not advisable to process court cases without a preliminary legal consultation? Since, as in a chess game, the opening phase is extremely important in any judicial dispute. It is subject to business cases as well as any other. For example, in some cases of debt collection, it is mandatory for the plaintiff to send a monetary claim to the defendant. In case of non-compliance with this rule, the court case may be lost at the start. Therefore, before get one’s teeth into something, it is necessary to obtain the advice of an experienced lawyer. Remember that only professional lawyers can provide competent representation in courts
  1. Preparation of complaint, monetary claim or another pre-trial settlement of the dispute (optional).
    It is assumed, that the first stage is out of question as such – after a competent legal consultation, the plan and prospects of the judicial proceeding take a relatively visible profile. However, as it is known a journey of a thousand miles begins with a single step. And in this case, the journey of judicial prairies is quite complicated. Let us return to point number one, where we have already noted the procedure for pre-trial settlement of the dispute. As of this date in the business environment, claiming against the debtor remains more than relevant. And rightly so – to “remind” the counterparty of his monetary obligation by a letter is much easier than by a statement of claim.How to competently make a claim?The Commercial Code of Ukraine established that the claim must contain the following elements:
    • the full name and mailing details of the claimant and the person to whom the claim is presented;
    • date of presentation and claim number;
    • foundations for claim and relevant evidence;
    • redress sought by the claimant – a specific amount and clear calculations if the claim has a monetary value;
    • bank details of a claimant;
    • documents confirming the requirements set forth in the claim.It is difficult for us to say which of the above points should be paid special attention to – all points are equally important. Moreover, a number of other specific details matter in the claim. Kindly note that even a small clerical error in this document can play a dirty trick and in this case, back-up will cost auxiliary forces, and most importantly, will cost the most important human resource – time. That is why we advise you not to neglect the competent legal assistance.
  1. Composition of primary allegation or statement of defense (in case when you are the defendant in the case).
    The claim was sent, but neither the response, nor the appropriate actions of the debtor is observed? This is a fairly common practice, besides it is obvious that, for example, a buyer with a very low probability could simply forget to pay for the delivery. What is more, a debt collection is far from the only reason of the complaint. Indeed, unfortunately, competition in the market of services and goods, as well as a number of other factors, catalyzes certain entities for various forms of violation of the rights of others. It is obvious here that ignoring such violations actually implicates an increase of problems like a snowball. Moreover, it is possible that you may also meet with unlawful legal actions. The constitution guarantees everyone the right of recourse to the courts. But not everyone knows how to correctly exercise this right. This is a natural state of affairs when a person develops in his field of activity and even the phrase “subject-matter jurisdiction” can cause him a short slackjaw. But the process of preparing a civil complaint begins precisely with the determination of jurisdiction – the most important stage. Having made a mistake, you can not only not achieve the desired goals, but also acquire a number of difficulties, for example, with the return of a mistakenly paid court fee. The law establishes a fairly extensive list of formal requirements for the civil complaints, which we are not going to provide here. For each specific case, you can get a detailed consultation of our specialists, as well as a prepared statement of claim with the relevant requirements for the “violator”.And, as we have already mentioned, it is possible that you can also become a defendant – inequitable conduct is now not uncommon not only on the part of contractors, but even on the part of relatives. Having received a civil complaint against yourself, you as a defendant must provide feedback. This is your “reply” to claims under the lawsuit, to which the legislation also establishes a number of claims.We urge you to make no delay, when dealing with a court – with procedural periods, or rather with their violation, it is better to be dead serious. An additional point is that there is one small negligence in the preparation of these documents (lawsuit, response to the lawsuit) and the case may not only not have the desired result, but may not start at all. Indeed, in the event that these documents do not comply with the law, the court has the right to leave a claim undecided.
  1. Filing of a statement of claim to the court and listing for trial.
    Have you already heard about the legal monopoly? In simple terms, according to changes in legislation that finally entered into force in 2017, in Ukraine, legal assistance in court must be provided only by a lawyer. However, at the moment there remains the category of “insignificant cases”, where representation in court can also be carried out by other persons who do not have a “wallpaper degree” of a lawyer. But we again draw attention to the fact that at each of the stages that we describe, any detail is important, including the process of submitting a finished statement of case. Are all circumstances supported by relevant evidence? Are all parties details indicated? And is the court fee correctly paid? There can be a lot of questions for filing a statement of claim, and only a competent lawyer or attorney is able to settle them. And it’s important to observe certain rules when filing a lawsuit to court registry. For consideration, the courts accept only those claims that “from top to bottom” meet the requirements of the law
  1. Immediate legal assistance of a lawyer in court sessions.Considering the volume of cases that are being considered by one judge, the chance that he will be “imbued” with your dispute, is unfortunately, sufficiently small. Therefore, as a rule, those piles of documents that the parties to the case submit to the court for consideration as evidence of certain circumstances are often viewed as a pipeline. That is precisely why a very important role is played by how your position will be stated specifically before the court in session. Sight read, stuttering, unnecessary worries – are unacceptable. Only a competent lawyer with the appropriate experience, a lawyer with the necessary specialization, is able to prepare an intelligible position for the client and get it to the court and the opponent. Moreover, it is important to hear and understand the trial theme of an adverse party- this affects the subsequent actions for your protection and realization of your interests in subsequent proceedings, if necessary and as provided for in the legislation. With this in mind, the role of direct representation by a lawyer of your interests in a court session should not be underestimated.
  1. Getting judicial decision.
    Regardless of the outcome of the consideration of case, obtaining a court decision is also an important stage in the legal proceedings. In case of meeting your requirements (partially or in full) – this document is the foundation and implementation tool of these requirements. If the court accepted the position of the opposite side, then obtaining a court judgement is the starting point for lodging a complaint by filing an appeal. We are aware that business processes, and personal life rhythm, sometimes shift on the back burner other, non-standard concerns, including legal proceedings, in particular, obtaining a court judgement. We will repeat, you shouldn’t joke with procedural periods. We sincerely recommend you not to waste your time and energy on things, that professional of “Borysenko & Partners” law firm may realize for you at their best.
  1. Appeal against the judgement of the court under cassational procedure (optional stage).
    It cannot be ruled out that, unfortunately, the court may adopt a decision not in your favor. In such a case, the law provides the possibility to appeal a decision within the established time limits. Like all the above stages, appeal and cassation appeal has its own subtleties. In particular, the content of these documents is also strictly regulated by procedural legislation. Moreover, considering the permanent reforming of the judicial system and the difficulties that arise in this connection, the procedure for filing an application is also important. We want to note that this stage includes a much smaller range of opportunities for the parties, because the court, considering a particular complaint, is based mainly on the evidence that has already been submitted to the court of first instance. This again indicates that the “start” of judicial dispute depends largely on your further chances of success.
  1. Interest intermediation by a lawyer in courts of appeals and cassational instances (optional stage).
    it would be nice to avoid repetitions, however, we cannot fail to note once again the importance of interest intermediation directly before the judges. Literally 5 minutes can be allocated for consideration of one case in the court of appeal.It is natural that such five-minute conference may significantly drag. Representatives of the parties risk spending half the daylight waiting for their turn in the courtroom. Besides, again about lawyers – in the courts of appeal and cassational instance, only a lawyer can represent your interests. Our company is the lawyers with many years of experience who are ready to ensure the successful result.
  1. Actual execution of court judgement.
    The “final” stage is the execution of a court judgement. It would seem that the judicial dispute is over, your rights have been restored “in the name of Ukraine”, however, it is only on paper. In the future, everything written and certified by the judge’s signature must be “implemented”. Here, meetings with authorities, local governments, and with your opponents, who certainly will keep “everything that is gained by back-breaking toil” are not excluded. Therefore, we can confidently say that the execution of a decision is a process that has a high level of stress for the parties of the judicial dispute. We however get accustomed to the stress in the course of our business activity. And for us, getting a qualitative result for our customers is the main goal, which is definitely worth the resources expended on it.

After such a brief excursion, it is now becoming apparent that judicial disputes require not only a high level of legal literacy, but also in many cases a creative approach. Qualified attorneys of “Borysenko & Partners” law firm are ready to defend your interests in court from the start to the final successful result.

We will undertake the preparation and filing of statements of claim, appeals and cassations, procedural statements and petitions, and other documents on which the court decision depends.

We will also represent the interests of your company directly in judicial sittings. Therein, you will be timely informed about the executed work, the achieved results, the current status and further prospects of the judicial process.

And due to the fact that we are not just a law firm, but a law society, your expenses for the legal assistance of our lawyers based on the results of the consideration of the case can be assigned to the opposite side.

Borysenko & Partners” will protect and exersice your legal rights and interests, saving you time for long-range goals.