In which court to file a claim?

If you decide to protect your rights on your own or challenge their illegal restriction, you have prepared a statement of claim and the question arises in which court to file a claim.

As a general rule, the procedural codes of Ukraine establish that a claim is brought to the court at the location or place of residence of the defendant. At the same time, the provisions of the codes provide for cases where the plaintiff has the right to choose jurisdiction.

In the economic process, the following cases are defined when the jurisdiction is chosen by the plaintiff:

• in disputes involving several defendants (the economic court at the location or place of residence of one of the defendants);
• in disputes arising from the activities of a branch or representative office of a legal entity, as well as a separate subdivision of a public authority without the status of a legal entity (the economic court at the location of such separate subdivisions or structures);
• in disputes on the recognition of the notary’s executive inscription as unenforceable or on the return of the notary recovered by the notary’s executive inscription (to the economic court at the place of execution);
• in disputes over the execution of business contracts in which the place of execution is determined or which, due to their characteristics, can only be performed in a certain place (the economic court at the place of execution);
• if the place of registration of the defendant’s residence or stay is unknown (the economic court at the location of the defendant’s property or at his last known registered place of residence or stay or his permanent activity);
• in disputes on compensation for damage caused by measures to secure a claim (the economic court that applied such measures);
• in disputes on compensation for harm (the economic court at the place of damage to property);
• in disputes on compensation for damage caused by a collision of ships, as well as on the recovery of remuneration for salvage at sea (the economic court at the location of the defendant’s ship or the port of registration of the ship);
• if the defendant does not have a location or place of residence in Ukraine (the economic court at the location of his property).

The Code of Administrative Procedure of Ukraine provides that administrative cases regarding the appeal of individual acts, as well as actions or inaction of subjects of power taken (performed, admitted) in relation to a particular individual or legal entity (their associations), are resolved at the choice of the plaintiff by an administrative court according to a registered in the manner prescribed by law, the place of residence (location, stay) of this person-plaintiff or the administrative court at the location of the defendant. The Civil Procedure Code of Ukraine defines a greater number of cases when jurisdiction is chosen by the plaintiff. Disputes considered by local general courts make up the bulk of court cases, and, therefore, raise the most questions regarding the determination of the proper court to file a claim.

The most common questions are the choice of jurisdiction or the selection of the appropriate court for filing a claim.

FaQ of Jurisdiction or Selection of the Proper Court for the Statement of Claim

In which court to file a lawsuit against a legal entity?

Claims against legal entities are filed in court at their location in accordance with the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Formations.

In which court should I file a claim for debt collection?

Claims are brought to the court at the location or place of residence of the defendant (debtor).

In which court should I file a claim for damages in an accident?

• Claims for compensation for damage caused to property of individuals or legal entities may be filed at the location or place of residence of the defendant (perpetrator of the accident);

• Claims for compensation for damage caused to the property of individuals or legal entities may also be filed at the place where the damage was inflicted;

• Claims for compensation for harm caused by injury, other damage to health or death of an individual, or harm caused as a result of a criminal offense, may also be brought at the registered place of residence or stay of the plaintiff or at the place of harm.

Thus, depending on the consequences of the traffic accident, the plaintiff has three alternative options for choosing a local general court in which to file a claim for damages (harm).

In which district court should I file a claim?

As a general rule, a claim is filed in court at the location or place of residence of the defendant.

In which court should I file a claim for a refund?

Claims are brought to the local general court (district, district in cities, city, city district) at the location or place of residence of the defendant (debtor).

In which court should an employer be sued?

Claims are brought to the local general court (district, district in cities, city, city district) at the location or place of residence of the defendant (employer) or at the registered place of residence or location of the plaintiff (employee).

In which court to file a claim for termination of parental rights?

As a general rule, claims for deprivation of parental rights of a father or mother are considered by the local general court at the place of residence or stay of the parent (defendant) registered in accordance with the procedure established by law, whom they want to deprive of parental rights.

In which court to file a claim for the recovery of a debt on a receipt?

Claims are brought to the local general court at the location or place of residence of the defendant (debtor).

In which court should I file a claim for damages?

As a general rule, claims are brought to the local general court at the location or place of residence of the defendant.

If the filing of a claim is caused by the infliction of moral harm as a result of a criminal offense, then claims may also be filed at the registered place of residence or stay of the plaintiff or at the place of harm.

In which court to file a claim for division of property?

Claims are brought to the local general court (district, district in cities, city, city district) at the location of the property or its main part, and in the case of division of movable property – at the registered place of residence or location of the defendant.

Claims are brought to the local general court (district, district in cities, city, city district) at the location or place of residence of the defendant (employer) or at the registered place of residence or location of the plaintiff (employee).

In which court should I file a labor lawsuit?

Claims are filed in the local general court at the location or place of residence of the defendant (employer) or at the registered place of residence or location of the plaintiff (employee).

When filing a claim in civil proceedings, the plaintiff should also consider jurisdiction in other categories of disputes.

So, claims for withholding alimony, increasing their amount, paying additional expenses for a child, collecting a penalty (fine) for late payment of alimony, indexing alimony, changing the method of collecting them, recognizing the paternity of the defendant can also be brought at the registered place of residence or stay of the plaintiff.

Claims for divorce may be filed at the registered place of residence or stay of the plaintiff also if he has minor or minor children in his support or if he cannot, for health reasons or for other valid reasons, go to the place of residence of the defendant. By agreement of the spouses, the case may be considered at the registered place of residence or stay of them.

Claims for the protection of consumer rights may also be filed at the registered place of residence or stay of the consumer or at the place of damage or performance of the contract.

Claims for the protection of violated, unrecognized or contested rights, freedoms or interests of individuals (including compensation for harm caused as a result of restriction in the exercise of ownership of real estate or its destruction, damage) in connection with the armed aggression of the Russian Federation, armed conflict, temporary occupation of the territory of Ukraine, emergency situations of a natural or man-made nature can also be presented at the place of residence or stay of the plaintiff.

If you have any questions, please call: + 38 097 646 46 44.

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