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​Ukraine: Litigation during Martial Law

​Litigation during Martial Law

Ukraine
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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

Founded in 2005, INTEGRITES is a full-service law firm with head office in Ukraine and representative offices in Germany and the UK.

INTEGRITES is particularly sought after for its cross-border work – sophisticated deals and transactions, complex dispute resolution, and projects which require in-depth industrial expertise, as well as for comprehensive advice on current business operations.

In 19 years in the market the firm has served 1500+ clients from around the globe, including Fortune 500 companies, international financial institutions, and recognized leaders in various industries: from real estate and construction, infrastructure, and agriculture to manufacturing, pharmaceuticals, and retail.

Climate Change Task Force within the firm provides clients with comprehensive advice on projects targeted at the sustainable development of their business and the country in the context of energy transition and green technologies.

The expertise of the team has consistently received recognition globally and domestically

Managing partner of the firm, Dr. Oleksiy Feliv, received The Lawyer European Awards 2023 as top-3 European managing partner of the year. Named as Commended, Dr. Feliv became the only Ukrainian representative selected for this nomination.

In 2023-2024 Yurydychna Gazeta (Ukraine) named INTEGRITES in top-5 firms with the widest impact on the development of the Ukrainian legal services market, with Dr. Oleksiy Feliv on top of the list of the most effective law firm leaders in the country.

INTEGRITES was shortlisted for Law Firm of the Year: Ukraine award by Chambers Europe and The Lawyer in 2021 and 2022.

Since 2020, INTEGRITES has been listed by GAR100 as one of the world’s best law firms in arbitration.

Firm's website: www.integrites.com