What types of disputes do we handle?<\/h2>\n\n- debt recovery under contracts \u2014 supply, sale and purchase, works contracts, services, lease, transport, storage, distribution;<\/li>\n
- declaration of transactions as void \u2014 including contracts concluded by an unauthorised person or in breach of the articles of association;<\/li>\n
- termination and amendment of contracts, disputes regarding improper performance;<\/li>\n
- corporate disputes \u2014 between members of a limited liability company, challenging decisions of the general meeting;<\/li>\n
- defence against unfounded claims by a counterparty, reduction of the penalty charged;<\/li>\n
- bankruptcy \u2014 initiation, defence of the debtor, inclusion in the register of creditors\u2019 claims;<\/li>\n
- appeals against decisions of the Antimonopoly Committee of Ukraine, disputes concerning public procurement.<\/li>\n<\/ul>\n
What can be recovered in addition to the principal debt<\/h2>\n
A properly drafted claim consists not of a single figure, but of four:<\/p>\n
\n- Principal debt \u2014 based on delivery notes, certificates and invoices.<\/li>\n
- Penalty interest. A debtor who has defaulted on a monetary obligation shall, at the creditor\u2019s request, pay penalty interest at twice the NBU discount rate (part 3 of Article 549 of the Civil Code \u2014 a provision carried over here from the repealed Commercial Code). A lower rate may be agreed by contract.<\/li>\n
- A penalty \u2014 if provided for in the contract \u2014 is levied together with the penalty interest.<\/li>\n
- 3 per cent per annum and inflation-related losses (Article 625 of the Civil Code) \u2014 are accrued for the entire period of default, even if the contract makes no mention of them.<\/li>\n<\/ol>\n
What has changed following the repeal of the Commercial Code. Previously, Article 232(6) of the Commercial Code limited the accrual of penalties to six months from the date on which the obligation was due. This provision no longer exists. Now the only limitation is a one-year limitation period for claims for liquidated damages (paragraph 1 of Part 2 of Article 258 of the Civil Code). For the creditor, this means that amounts which previously \u2018lapsed\u2019 after six months can now be claimed for a longer period.<\/p>\n
The second change: as a general rule under the Civil Code, a penalty is punitive, i.e. it is charged in addition to damages (Article 624 of the Civil Code), whereas the Commercial Code provided for a set-off. This directly affects the amount of the claim.<\/p>\n
When do you need a solicitor, and when not?<\/h2>\n
If the counterparty acknowledges the debt and simply asks for a deferral, a solicitor is not needed; it is sufficient to sign a repayment schedule. If the amount is small, the contract is in writing, and the debtor remains silent, a court order is often sufficient, and this is an inexpensive procedure.<\/p>\n
A solicitor is needed when:<\/p>\n
\n- the debtor is transferring assets \u2014 re-registering property, changing the director, or \u2018selling\u2019 equipment to a related company;<\/li>\n
- the amount is substantial and the debtor denies the debt or files a counterclaim;<\/li>\n
- there is a dispute in the case regarding the quality, quantity or fact of delivery \u2014 an expert assessment is required;<\/li>\n
- there is no contract, and the relationship is confirmed only by delivery notes and correspondence;<\/li>\n
- you are unsure of the limitation periods for old debts;<\/li>\n
- the court has ruled in your favour but the judgment has not been enforced, and you need the judgment to be effectively enforced.<\/li>\n<\/ul>\n
Three ways to recover a debt<\/h2>\nClaim and negotiations<\/h3>\n
There is no mandatory pre-litigation procedure in commercial disputes. However, a well-drafted claim setting out penalty interest, 3 per cent per annum and inflation-linked interest often prompts voluntary payment: the debtor realises that the amount will only increase over time, and that they will be liable for legal costs. This also serves as evidence of good faith for any future court proceedings.<\/p>\n
Timeframe: 2\u20134 weeks. This is the cheapest option, and we always start with it, provided there is no risk of asset stripping.<\/p>\n
Court order (summary proceedings)<\/h3>\n
The quickest tool, which for some reason is often overlooked. Conditions: the debt arose under a written contract, there is no dispute as to the right, and the amount does not exceed 100 subsistence minimums \u2014 in 2026, this is 332,800 UAH (Article 148 of the Code of Civil Procedure).<\/p>\n
What this achieves:<\/p>\n
\n- the court considers the application within 5 days, without a hearing and without summoning the parties;<\/li>\n
- the court fee is 0.1 times the minimum subsistence level, i.e. 332.80 UAH instead of 1.5 per cent of the amount;<\/li>\n
- the court order is simultaneously an enforceable document \u2014 we can take it straight to the enforcement officer.<\/li>\n<\/ul>\n
To be fair, there is a limitation: the debtor has 15 days to file an application to set aside the order, and the court will set it aside almost automatically. Therefore, the order for payment procedure works where the debtor does not dispute the debt but is simply stalling for time. If the order is set aside, the fee paid is credited towards the court fee for the claim.<\/p>\n
![\"Commercial](\"https:\/\/svaroglaw.com\/wp-content\/uploads\/2026\/07\/gospodarski-spory-infografika.svg\")
<\/p>\n
Claim to the Commercial Court<\/h3>\n
Where there is a dispute or the amount exceeds the limit for summary proceedings. The claim is filed at the defendant\u2019s place of business (Article 27 of the Commercial Procedure Code), unless otherwise specified by contract or law. Before filing the claim, a copy of it, together with the annexes, must be sent to the defendant, and proof of dispatch must be attached (Article 172 of the Commercial Procedure Code) \u2014 a common mistake that results in the claim being left pending.<\/p>\n
Cases where the value of the claim is up to 100 times the minimum subsistence level (332,800 UAH) are deemed minor and are dealt with under simplified proceedings \u2014 within 60 days from the date of commencement (Article 248 of the Code of Civil Procedure). All other cases follow the general procedure: preparatory proceedings lasting up to 60 days (Article 177 of the Code of Civil Procedure) plus a hearing on the merits lasting 30 days (Article 195 of the Code of Civil Procedure). In practice: 6\u201312 months at first instance.<\/p>\n
Limitation period: why 2026 is critical<\/h2>\n
The general limitation period is 3 years (Article 257 of the Civil Code). For claims relating to penalty interest and fines, it is 1 year (Article 258 of the Civil Code).<\/p>\n
However, from 2 April 2020 to 3 September 2025, the limitation period was suspended \u2014 initially due to lockdown, then due to martial law. Law No. 4434-IX lifted this suspension, and the clock started ticking again from 4 September 2025.<\/p>\n
What this means in practice:<\/p>\n
\n- a debt arising between April 2020 and September 2025 is subject to the full three-year limitation period, which expires in September 2028;<\/li>\n
- for debts incurred before the lockdown, the remaining period is added to the limitation period that had already expired by April 2020 \u2014 and in many cases, the limitation period will expire as early as 2026\u20132027;<\/li>\n
- claims for late payment interest and penalties with a one-year limitation period \u2018expire\u2019 even faster.<\/li>\n<\/ul>\n
The limitation period is applied by the court only at the defendant\u2019s request. However, counting on the debtor\u2019s lawyer not to raise this point is a poor strategy. If you have old debts on your books, it is worth calculating the time limits now, rather than when a claim is being prepared.<\/p>\n
Court fees in 2026<\/h2>\n
The minimum subsistence level for able-bodied persons as at 1 January 2026 is 3,328 UAH. Court fees are calculated on the basis of this figure.<\/p>\n
<\/p>\n
\n\n\nAction<\/th>\n Rate<\/th>\n Amount in 2026<\/th>\n<\/tr>\n<\/thead>\n \n\nClaim of a pecuniary nature (legal entity, sole trader)<\/td>\n 1.5% of the claim value<\/td>\n min. 3,328 UAH, max. 1,164,800 UAH<\/td>\n<\/tr>\n \nNon-property claim<\/td>\n 1 subsistence minimum<\/td>\n 3,328 UAH<\/td>\n<\/tr>\n \nApplication for a court order<\/td>\n 0.1 times the minimum subsistence level<\/td>\n 332.80 UAH<\/td>\n<\/tr>\n \nAppeal<\/td>\n 150 per cent of the claim rate<\/td>\n \u2014<\/td>\n<\/tr>\n \nCassation appeal<\/td>\n 200 per cent of the claim rate<\/td>\n \u2014<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n
When submitting documents electronically via the \u2018Electronic Court\u2019 system, a coefficient of 0.8 applies \u2014 meaning the cost is 20 per cent lower. We submit all documents in this way. Court fees paid by the claimant are recovered from the defendant if the case is won.<\/p>\n
What risks does a company face if it goes to court without a solicitor?<\/h2>\n\n- Assets are siphoned off whilst the claim is being prepared. The debtor transfers ownership of assets, changes directors, or \u2018sells\u2019 equipment to an affiliated company. An application for interim measures (Articles 136\u2013140 of the Code of Civil Procedure) is filed simultaneously with the claim \u2014 freezing of accounts and assets, and a ban on registration actions. Afterwards, there is nothing left to enforce against.<\/li>\n
- Calculation error. Penalty interest has not been calculated at twice the NBU\u2019s base rate; inflation and 3 per cent per annum have been omitted, or conversely, interest has been charged on items not provided for in the contract. The court dismisses part of the claims, and the court fees for that part are not refunded.<\/li>\n
- The claim is left pending. Failure to send a copy of the claim to the defendant, failure to provide proof of dispatch, or incorrect determination of the claim value \u2014 a delay of one or two months.<\/li>\n
- The limitation period has expired. The most costly mistake: the court will not consider the case on its merits at all.<\/li>\n
- Winning the case but not getting paid. There is a judgement, but enforcement proceedings are stalled because the debtor \u2018has no assets\u2019. Tracing assets and working with the enforcement officer is a separate stage that must be planned before the claim is even filed.<\/li>\n<\/ul>\n
How we work<\/h2>\n\n- Document review \u2014 a commercial litigation solicitor checks the contract, delivery notes, certificates, invoices and correspondence. We give you an honest assessment of the prospects: sometimes the answer is \u2018there is insufficient evidence; first, record the debt in a reconciliation statement\u2019.<\/li>\n
- Calculation of the total claim amount \u2014 the debt plus interest, penalties, 3% per annum and inflation adjustments, with a check of the limitation periods for each component.<\/li>\n
- Claim and negotiations \u2014 if there is a chance of recovering the money without going to court.<\/li>\n
- Securing the claim \u2014 freezing bank accounts and seizing assets where there are signs of asset stripping.<\/li>\n
- Court order or claim \u2014 we choose the procedure based on the amount involved and whether there is a dispute.<\/li>\n
- Representation in court, including appeals and cassation.<\/li>\n
- Enforcement proceedings \u2014 working with a state or private enforcement agent, tracing the debtor\u2019s accounts and assets, and monitoring the receipt of funds.<\/li>\n<\/ol>\n
Cost of services<\/h2>\n
What can be recovered in addition to the principal debt<\/h2>\n
A properly drafted claim consists not of a single figure, but of four:<\/p>\n
- \n
- Principal debt \u2014 based on delivery notes, certificates and invoices.<\/li>\n
- Penalty interest. A debtor who has defaulted on a monetary obligation shall, at the creditor\u2019s request, pay penalty interest at twice the NBU discount rate (part 3 of Article 549 of the Civil Code \u2014 a provision carried over here from the repealed Commercial Code). A lower rate may be agreed by contract.<\/li>\n
- A penalty \u2014 if provided for in the contract \u2014 is levied together with the penalty interest.<\/li>\n
- 3 per cent per annum and inflation-related losses (Article 625 of the Civil Code) \u2014 are accrued for the entire period of default, even if the contract makes no mention of them.<\/li>\n<\/ol>\n
What has changed following the repeal of the Commercial Code. Previously, Article 232(6) of the Commercial Code limited the accrual of penalties to six months from the date on which the obligation was due. This provision no longer exists. Now the only limitation is a one-year limitation period for claims for liquidated damages (paragraph 1 of Part 2 of Article 258 of the Civil Code). For the creditor, this means that amounts which previously \u2018lapsed\u2019 after six months can now be claimed for a longer period.<\/p>\n
The second change: as a general rule under the Civil Code, a penalty is punitive, i.e. it is charged in addition to damages (Article 624 of the Civil Code), whereas the Commercial Code provided for a set-off. This directly affects the amount of the claim.<\/p>\n
When do you need a solicitor, and when not?<\/h2>\n
If the counterparty acknowledges the debt and simply asks for a deferral, a solicitor is not needed; it is sufficient to sign a repayment schedule. If the amount is small, the contract is in writing, and the debtor remains silent, a court order is often sufficient, and this is an inexpensive procedure.<\/p>\n
A solicitor is needed when:<\/p>\n
- \n
- the debtor is transferring assets \u2014 re-registering property, changing the director, or \u2018selling\u2019 equipment to a related company;<\/li>\n
- the amount is substantial and the debtor denies the debt or files a counterclaim;<\/li>\n
- there is a dispute in the case regarding the quality, quantity or fact of delivery \u2014 an expert assessment is required;<\/li>\n
- there is no contract, and the relationship is confirmed only by delivery notes and correspondence;<\/li>\n
- you are unsure of the limitation periods for old debts;<\/li>\n
- the court has ruled in your favour but the judgment has not been enforced, and you need the judgment to be effectively enforced.<\/li>\n<\/ul>\n
Three ways to recover a debt<\/h2>\n
Claim and negotiations<\/h3>\n
There is no mandatory pre-litigation procedure in commercial disputes. However, a well-drafted claim setting out penalty interest, 3 per cent per annum and inflation-linked interest often prompts voluntary payment: the debtor realises that the amount will only increase over time, and that they will be liable for legal costs. This also serves as evidence of good faith for any future court proceedings.<\/p>\n
Timeframe: 2\u20134 weeks. This is the cheapest option, and we always start with it, provided there is no risk of asset stripping.<\/p>\n
Court order (summary proceedings)<\/h3>\n
The quickest tool, which for some reason is often overlooked. Conditions: the debt arose under a written contract, there is no dispute as to the right, and the amount does not exceed 100 subsistence minimums \u2014 in 2026, this is 332,800 UAH (Article 148 of the Code of Civil Procedure).<\/p>\n
What this achieves:<\/p>\n
- \n
- the court considers the application within 5 days, without a hearing and without summoning the parties;<\/li>\n
- the court fee is 0.1 times the minimum subsistence level, i.e. 332.80 UAH instead of 1.5 per cent of the amount;<\/li>\n
- the court order is simultaneously an enforceable document \u2014 we can take it straight to the enforcement officer.<\/li>\n<\/ul>\n
To be fair, there is a limitation: the debtor has 15 days to file an application to set aside the order, and the court will set it aside almost automatically. Therefore, the order for payment procedure works where the debtor does not dispute the debt but is simply stalling for time. If the order is set aside, the fee paid is credited towards the court fee for the claim.<\/p>\n
<\/p>\nClaim to the Commercial Court<\/h3>\n
Where there is a dispute or the amount exceeds the limit for summary proceedings. The claim is filed at the defendant\u2019s place of business (Article 27 of the Commercial Procedure Code), unless otherwise specified by contract or law. Before filing the claim, a copy of it, together with the annexes, must be sent to the defendant, and proof of dispatch must be attached (Article 172 of the Commercial Procedure Code) \u2014 a common mistake that results in the claim being left pending.<\/p>\n
Cases where the value of the claim is up to 100 times the minimum subsistence level (332,800 UAH) are deemed minor and are dealt with under simplified proceedings \u2014 within 60 days from the date of commencement (Article 248 of the Code of Civil Procedure). All other cases follow the general procedure: preparatory proceedings lasting up to 60 days (Article 177 of the Code of Civil Procedure) plus a hearing on the merits lasting 30 days (Article 195 of the Code of Civil Procedure). In practice: 6\u201312 months at first instance.<\/p>\n
Limitation period: why 2026 is critical<\/h2>\n
The general limitation period is 3 years (Article 257 of the Civil Code). For claims relating to penalty interest and fines, it is 1 year (Article 258 of the Civil Code).<\/p>\n
However, from 2 April 2020 to 3 September 2025, the limitation period was suspended \u2014 initially due to lockdown, then due to martial law. Law No. 4434-IX lifted this suspension, and the clock started ticking again from 4 September 2025.<\/p>\n
What this means in practice:<\/p>\n
- \n
- a debt arising between April 2020 and September 2025 is subject to the full three-year limitation period, which expires in September 2028;<\/li>\n
- for debts incurred before the lockdown, the remaining period is added to the limitation period that had already expired by April 2020 \u2014 and in many cases, the limitation period will expire as early as 2026\u20132027;<\/li>\n
- claims for late payment interest and penalties with a one-year limitation period \u2018expire\u2019 even faster.<\/li>\n<\/ul>\n
The limitation period is applied by the court only at the defendant\u2019s request. However, counting on the debtor\u2019s lawyer not to raise this point is a poor strategy. If you have old debts on your books, it is worth calculating the time limits now, rather than when a claim is being prepared.<\/p>\n
Court fees in 2026<\/h2>\n
The minimum subsistence level for able-bodied persons as at 1 January 2026 is 3,328 UAH. Court fees are calculated on the basis of this figure.<\/p>\n
<\/p>\n
\n\n
\n \nAction<\/th>\n Rate<\/th>\n Amount in 2026<\/th>\n<\/tr>\n<\/thead>\n \n Claim of a pecuniary nature (legal entity, sole trader)<\/td>\n 1.5% of the claim value<\/td>\n min. 3,328 UAH, max. 1,164,800 UAH<\/td>\n<\/tr>\n \n Non-property claim<\/td>\n 1 subsistence minimum<\/td>\n 3,328 UAH<\/td>\n<\/tr>\n \n Application for a court order<\/td>\n 0.1 times the minimum subsistence level<\/td>\n 332.80 UAH<\/td>\n<\/tr>\n \n Appeal<\/td>\n 150 per cent of the claim rate<\/td>\n \u2014<\/td>\n<\/tr>\n \n Cassation appeal<\/td>\n 200 per cent of the claim rate<\/td>\n \u2014<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n
When submitting documents electronically via the \u2018Electronic Court\u2019 system, a coefficient of 0.8 applies \u2014 meaning the cost is 20 per cent lower. We submit all documents in this way. Court fees paid by the claimant are recovered from the defendant if the case is won.<\/p>\n
What risks does a company face if it goes to court without a solicitor?<\/h2>\n
- \n
- Assets are siphoned off whilst the claim is being prepared. The debtor transfers ownership of assets, changes directors, or \u2018sells\u2019 equipment to an affiliated company. An application for interim measures (Articles 136\u2013140 of the Code of Civil Procedure) is filed simultaneously with the claim \u2014 freezing of accounts and assets, and a ban on registration actions. Afterwards, there is nothing left to enforce against.<\/li>\n
- Calculation error. Penalty interest has not been calculated at twice the NBU\u2019s base rate; inflation and 3 per cent per annum have been omitted, or conversely, interest has been charged on items not provided for in the contract. The court dismisses part of the claims, and the court fees for that part are not refunded.<\/li>\n
- The claim is left pending. Failure to send a copy of the claim to the defendant, failure to provide proof of dispatch, or incorrect determination of the claim value \u2014 a delay of one or two months.<\/li>\n
- The limitation period has expired. The most costly mistake: the court will not consider the case on its merits at all.<\/li>\n
- Winning the case but not getting paid. There is a judgement, but enforcement proceedings are stalled because the debtor \u2018has no assets\u2019. Tracing assets and working with the enforcement officer is a separate stage that must be planned before the claim is even filed.<\/li>\n<\/ul>\n
How we work<\/h2>\n
- \n
- Document review \u2014 a commercial litigation solicitor checks the contract, delivery notes, certificates, invoices and correspondence. We give you an honest assessment of the prospects: sometimes the answer is \u2018there is insufficient evidence; first, record the debt in a reconciliation statement\u2019.<\/li>\n
- Calculation of the total claim amount \u2014 the debt plus interest, penalties, 3% per annum and inflation adjustments, with a check of the limitation periods for each component.<\/li>\n
- Claim and negotiations \u2014 if there is a chance of recovering the money without going to court.<\/li>\n
- Securing the claim \u2014 freezing bank accounts and seizing assets where there are signs of asset stripping.<\/li>\n
- Court order or claim \u2014 we choose the procedure based on the amount involved and whether there is a dispute.<\/li>\n
- Representation in court, including appeals and cassation.<\/li>\n
- Enforcement proceedings \u2014 working with a state or private enforcement agent, tracing the debtor\u2019s accounts and assets, and monitoring the receipt of funds.<\/li>\n<\/ol>\n
Cost of services<\/h2>\n