In the context of procedural law, a commercial case (commercial dispute) refers to any case that is considered in commercial courts of general jurisdiction in accordance with the commercial procedural legislation of Ukraine.
The main purpose of legal assistance provided by an attorney in resolving commercial disputes is to ensure the legal and timely resolution of disputes related to the client's business activities, as well as to monitor the enforcement of the decision in such a case.
One of the characteristics of commercial cases is the composition of the participants, who, according to current legislation, are considered subjects of private or public law or state bodies that protect their commercial interests on behalf of the state.
Commercial cases are initiated only at the initiative of an interested party.
Thus, legal entities and individual entrepreneurs, as well as individuals who are not entrepreneurs, state authorities, and local self-government bodies have the right to apply to the commercial court for the protection of their violated, unrecognized, or disputed rights and legitimate interests in cases falling under the jurisdiction of commercial proceedings.
The resolution of commercial disputes is mandatory and is carried out in strict compliance with the norms of the Constitution of Ukraine, the Commercial, Civil, and Commercial Procedural Codes of Ukraine, the Law of Ukraine "On Private International Law," the Law of Ukraine "On the Restoration of the Debtor's Solvency or the Recognition of the Debtor as Bankrupt," as well as international treaties ratified by the Verkhovna Rada of Ukraine.
Turning to the legal company Monarch Business Consulting is a step toward the successful resolution of commercial cases, ensuring the protection of business interests and its stability.
In case a commercial case reaches the court, our law firm can act as your legal representative. This means that attorneys will represent your interests in court, develop a legal strategy, prepare documents, and assist you in handling the case from start to finish.
free "verbal" consultation for up to 10 minutes, without document review, by appointment only, available only on Fridays.
unlimited duration verbal consultation, without document review, by appointment.
unlimited duration verbal consultation with document review, by appointment.
development and writing of a petition/motion in a commercial case for certain procedural actions, such as securing a claim, retrieval of documents, annexation of documents, summoning witnesses, involving experts, conducting court examinations, and so on.
development and writing of a claim statement in a commercial case.
defense and representation of the client's interests during the consideration of a commercial case in the first instance court.
development, writing, composing, and submitting an appellate complaint by the attorney in a commercial case.
defense and representation of the client's interests during the consideration of a commercial case in the appellate (second) instance court.
development, writing, composition, and submission of a cassation appeal by an attorney in a commercial case.
defense and representation of the client's interests during the consideration consideration of a commercial case by the cassation instance of the court.
additional fee for services on the second and subsequent court day.
the service cost does not include transportation expenses, travel costs, postage expenses, and court fees.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
The parties to a commercial case are the plaintiff and the defendant. On the side of the plaintiff and the defendant, one or several independent legal entities can act.
In bankruptcy cases, the parties to the case are the creditor and the debtor (bankrupt).
Some of the most common types of commercial cases include:
1. Debt recovery cases.
2. Claims for penalties or fines.
3. Nullification of contracts.
4. Termination of contracts.
5. Compensation for damages.
6. Bankruptcy cases.
7. Corporate disputes.
8. Recovery of property from illegal possession.
9. Specific performance of contracts.
10. Pre-contractual disputes.
11. Cases related to intellectual property law.
12. Cases related to securities law.
13. Cases related to antitrust law.
14. Land disputes.
15. Property rights protection.
Our lawyers are experienced in the following categories of commercial cases:
1. Cases under simplified proceedings, such as claims for monetary debts arising from written (including electronic) contracts, provided the amount does not exceed one hundred times the minimum wage for able-bodied persons (Part 1 of Article 148 of the Commercial Procedural Code).
2. Contractual obligations, including contract formation, modification, termination, and invalidation of contracts.
3. Non-contractual obligations, including performance inducement, recovery of unjust enrichment, compensation for damages, and challenging actions or decisions of business entities and their officials.
4. Corporate relations, including challenging resolutions of general meetings of participants (shareholders) and management bodies, invalidation of corporate documents and amendments to them, issues related to the activities of management bodies, rights to shares or participation interest, invalidation of commercial agreements related to the exercise of corporate rights, amendments to the shareholder/participant register, and challenging the actions of the registrar.
5. Land relations, including challenging illegal acts affecting property rights, recognizing property rights, recovering property from illegal possession, removing obstacles to property use, and disputes related to purchase and sale, modification, termination, and invalidation of property sale agreements.
Please note that this translation is provided in a legal context and may not be an exact match for how the specific terms are used in U.S. legal practice.
