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​Ukraine: Litigation during Martial Law

​Litigation during Martial Law

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The constitutional right to judicial protection is not subject to restrictions under martial law. At the same time, some courts, taking into account the real situation in the region, may establish special modes of operation.

In particular:

  • promptly and temporarily suspend the consideration of cases in open court hearings, until the elimination of circumstances that pose a threat to security; 
  • limit the reception of incoming correspondence; 
  • adjourn cases (except for urgent court proceedings) and withdraw them from consideration, since a large number of participants in court proceedings are not always able to apply for an adjournment of the case; 
  • to consider cases that are not urgent, only with the written consent of all participants in the proceedings. 

Temporary reduction of court staff and judges who may exercise their powers is allowed. It is possible to change the territorial jurisdiction of court cases and transfer them to the closest territorial court (currently civil courts of Kyiv, Zhytomyr, Kharkiv, Chernihiv, Donetsk, Luhansk (including the Court of Appeal), Kherson (including the Court of Appeal), Zaporizhzhia regions). 

The Council of Judges of Ukraine recommended a balanced approach to issues related to various procedural documents, leaving them without motion, setting various deadlines, and if possible, extending them at least until the end of martial law. 

Consider it impossible to postpone court hearings, which should consider the issue of choosing or continuing a measure of restraint in the form of detention. Also, some powers of the head of the relevant prosecutor's office have been expanded and some powers of the investigating judge have been transferred to ensure pre-trial investigation, extension, and detention for up to 30 days under certain articles closely related to war crimes. 

Reducing or speeding up any form of litigation is prohibited. 

To obtain up-to-date information on the activities of both the judicial system of Ukraine in general and individual courts, we recommend that you check the updates on the website of the Judiciary of Ukraine. The administration of justice is in a state of dynamic change. 

We also recommend that you copy your litigation documents to ensure that litigation can be resumed if it is lost. 

By Oleksandr Onishchenko, Partner, Integrites

Integrites at a Glance

INTEGRITES is a full-service law firm with the head office in Ukraine, office in Kazakhstan, and representative offices in Germany and the UK.

We provide legal services to companies seeking comprehensive advice on large deals and major disputes, as well as day-to-day operation. INTEGRITES is highly recommended for its cross-border work (whether sophisticated transactions or complex dispute resolution) and for the projects in energy, in particular, renewable.

Our mission is to help companies concentrate on development of their business while we take care of the legal issues. With profound industry-focused expertise, we deliver legal solutions that add value to the business of our clients and help them successfully handle legal challenges.

In 15 years INTEGRITES has served more than 1000 clients from around the globe, including Fortune 500 companies and international financial institutions. Clients in our portfolio are recognized leaders in various industries: from manufacturing, pharmaceuticals, and retail to agriculture, logistics, and renewables. Currently 80% of the companies we serve are international.

INTEGRITES has been consistently recognized by the leading international legal directories and rankings: Chambers Global/Europe, The Legal 500 EMEA, Who’s Who Legal, IFLR 1000, Best Lawyers, FT Innovative Lawyers.

All News about, and Legal Analysis by, Integrites can be found here.

Firm's website: www.integrites.com