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The protection of rights in a court of General jurisdiction involves a thorough knowledge of the current legislation. The more carefully prepared the material, the better presented your case, the more chances to win, and inadequate protection can result in serious financial trouble. That risks were minimal, You need professional protection of interests in court.
Professional support in court based on an extensive judicial practice of our lawyers;
Our work is built on the principles of complete confidentiality;
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Every client is unique for us. We do not use ready-made solutions, but they rely on solid experience gained over years of practice.
Written statements of participants in the case
§ 1. The statements in fact the application essentially is a right of the parties to the case.
§ 2. Statements on procedural matters
In the statement of claim the claimant shall state his claims on the subject of the dispute and its justification.
The statement of claim submitted to the court in writing and signed by the claimant or his representative, or another person who legally have the right to go to court in the interests of another person.
The statement of claim should contain:
1) name of the court of first instance to which the application is submitted;
2) the full name (for legal entities) or name (surname, name and patronymic for individuals) of parties and other participants in the case, their location (for legal entities) or place of residence or stay (for individuals) , postal code, identification code of the legal entity in the Unified state register of enterprises and organizations of Ukraine (for legal entities registered according to the legislation of Ukraine), as well as the registration number of taxpayer card (for individuals) if it exists, or the series and number of passport for isioni persons - citizens of Ukraine (if such information is known to the plaintiff), for a known number of means of communication, official e-mail and e-mail addresses
3) an indication of the amount of the claim if the claim is subject to monetary evaluation; a reasonable calculation of amounts recovered or disputed;
4) the content of the claim: method (methods) of protection of rights or interests, provided for by law or contract, or other method (methods) of protection of rights and interests, not contrary to law and that the plaintiff asks the court to determine the judgment; if the claim is submitted to several defendants - content of claims for each of them;
5) a statement of the facts which the plaintiff proves your requirements; specify the evidence confirming these circumstances;
6) data on measures of pre-trial settlement of the dispute, if such were carried out, including, if the law stipulates obligatory pre-trial dispute settlement procedure;
7) information on the measures taken to secure evidence or the claim before the filing of the complaint, if conducted;
8) list of documents and other evidence attached to the application; specifying evidence that cannot be submitted with claim (if any); indication of the presence of the plaintiff or another person of original written or electronic evidence, copies of which are attached to the application;
9) preliminary (approximate) calculation of the amount of court costs the plaintiff has incurred and expects to incur in connection with the proceedings;
10) confirmation of the plaintiff that they are not represented by the other claim (claims) to the same defendant (defendants) with the same subject and on the same grounds.
If the application is filed by a person exempt from payment of court fees in accordance with the law, it specifies the grounds for exemption of the claimant from paying court fees.
In the case of suing the person who legally have the right to go to court in the interests of another person, the statement must indicate the basis for such treatment.
The petition can be specified and other information necessary for proper resolution of the dispute.
In the opinion, the defendant sets forth objections to the claim. The opinion is signed by the defendant or his representative. The opinion must contain:
1) the name (name) of the plaintiff and the case number;
2) the full name (for legal entities) or name (surname, name and patronymic for physical persons) of the defendant, his location (for legal entities) or place of residence or stay (for individuals), postal code, identification code of the legal entity in the Unified state register of enterprises and organizations of Ukraine (for legal entities registered according to the legislation of Ukraine), registration number taxpayer's registration card (for individuals), if any, or the number and series of the passport for physical persons - citizens of Ukr Ainy, communications, official e-mail address and e-mail address, if available;
3) in case of full or partial recognition of the claim requirements, recognised by the defendant;
4) the circumstances which are recognized by the defendant, and a legal assessment of the circumstances provided the plaintiff with which the Respondent agrees;
5) the objections (if any) regarding the plaintiff's circumstances and legal grounds of the claim, which the defendant does not agree with the reference to the relevant evidence and the rule of law;
6) list of documents and other evidence that are attached to the opinion and guidance documents and evidence that cannot be submitted together with the opinion, indicating the reasons for failure;
7) objections (if any) concerning the plaintiff the amount of court costs the plaintiff has incurred and expects to incur prior to the end of the proceedings on the merits;
8) preliminary (approximate) calculation of the amount of court costs the defendant has incurred and expects to incur in connection with the proceedings.
In response to the opinion, the plaintiff sets out his explanations, reasoning and arguments as given by the Respondent in the review of the objection and the reasons for their acceptance or rejection. Response to the review signed by the claimant or his representative. The feedback response is filed within the period fixed by the court. The court should establish a deadline for the submission of feedback response which would allow the plaintiff to prepare their views, arguments and relevant evidence, other participants in the case - to review response in advance of the consideration of the merits, and the defendant is to provide the participants in the case of an objection in advance of the consideration of the case in fact.
In the objection the Respondent sets out his explanations, reasoning and arguments about the plaintiff in response to the review of explanations of reasoning and argument and the motives for their acceptance or rejection. The objection shall be signed by the defendant or his representative.
Objection is served within the period prescribed by the court. The court should establish a deadline for objections, which will allow other participants in the case to obtain a denial in advance of the trial on the merits.
In the notes of a third party on a claim or opinion of a third party, not declaring independent requirements concerning a subject of dispute, he sets out his arguments and observations in support of or objections to the claim. Explanations of the third party subscribes to a third person or his representative.
Explanation of the third person is served within the period prescribed by the court. The court should establish a deadline that will allow a third party to prepare its views, arguments and relevant evidence and provide an explanation to the claim or revocation, and other participants in the case - to answer such explanations in advance of trial on the merits.
During the trial the participants Express their demands, objections, arguments, explanations, arguments about the procedural issues in the statements and motions, and objections to applications and petitions.
Statements, petitions and objections shall be submitted in writing or orally. In the cases determined by this Code, applications and petitions are submitted only in written form.
Statements, motions and objections to be submitted and considered in the manner prescribed by this Code. In cases when the present Code, such a procedure is not installed - it is set by the court.
1) full name (for legal entities) or name (surname, name and patronymic) (for individuals) of the person submitting the application or petition or the objections to them, its location (for legal entities) or place of residence or stay (for individuals), identification code of the legal entity in the Unified state register of enterprises and organizations of Ukraine (for legal entities registered according to the legislation of Ukraine);
2) name of the court, in which it served;
3) the case number, surname and initials of the judge (judges), if the application (petition of objection) is served after the decision on opening of proceedings;
4) the content of the question that needs to be considered by the court, and the request of the applicant;
5) base applications (petitions, objections)
6) list of documents and other evidence attached to the application (petition, objection)
7) other information required by this Code.
The requirement to specify in a statement in fact, the complaint, statement, request or objection to the identification code of the legal entity in the Unified state register of enterprises and organizations of Ukraine relates only to the legal entities registered according to the legislation of Ukraine. A foreign legal entity submits a document which is proof of its legal personality under the relevant foreign law (registration certificate, extract from trade register).
A written application, petition or objection shall be signed by the applicant or his representative. Party of the case has the right to attach to written statements, petitions of the draft decision, to make which he asks the court. The court, finding that the written statement (claim, denial) is filed without complying with the requirements of the first or second paragraph of this article, return it to the applicant without consideration.