Has your company become involved in court proceedings in Ukraine, whether voluntarily or unexpectedly? To avoid losing your rights, it is essential to determine who will represent you, how to prepare the necessary documents, how interpretation works, and whether you can participate remotely.
The participation of foreign individuals and companies in court proceedings in Ukraine has long ceased to be an exception. Ukraine is a jurisdiction intersecting with transit shipments, investment disputes, sanctions-related matters, and constant interaction with international institutions. A foreign party facing Ukrainian courts in civil, commercial, administrative, or even criminal proceedings must understand how to protect its interests effectively – and, most importantly, how to properly arrange representation, assert procedural rights in time, and avoid the trap of formal deficiencies.
In this article, we will examine the legal framework for the participation of foreign nationals in court proceedings and explain how the Fortior team can assist with this.
From Representation to Participation in Proceedings
The first step is securing the representative’s admission to participate in the proceedings. In civil or commercial matters, this typically involves submitting a power of attorney (Article 60 of the Civil Procedural Code of Ukraine, Article 58 of the Commercial and Procedural Code of Ukraine) or a warrant (for a lawyer), as well as proof of the legal capacity of the foreign legal entity. If the power of attorney is issued abroad, it must be legalised or apostilled and translated into Ukrainian with notarised certification.
In commercial cases, court practice requires a more thorough examination of representation documents. If a foreign company acts through its in-house lawyer, that lawyer must be provided with both a power of attorney and documents confirming their employment status. A lawyer acting on behalf of a foreign company must also submit a warrant and an extract from the Unified Register of Advocates of Ukraine.
At the same time, a lawyer qualified in a foreign jurisdiction may not independently represent a party in commercial proceedings in Ukraine, as they do not have the status of an advocate of Ukraine and are not listed in the Unified Register of Lawyers of Ukraine. Under the provisions of the Law of Ukraine “On the Bar and Practice of Law” and Article 131-2 of the Constitution of Ukraine, the right to represent clients in court in civil, commercial, and administrative cases belongs exclusively to advocates holding a Ukrainian practising certificate. In such cases, a foreign lawyer may participate only as an adviser or consultant, whereas official representation must be carried out by a Ukrainian advocate.
Notification of a Party Residing Abroad
If a party (or their representative) is located outside Ukraine, all procedural documents are served in accordance with the 1965 Hague Convention. The Ukrainian court sends the documents via the Ministry of Justice to the competent authority of the foreign state. This means that notifying a party of a hearing may take several months - a factor that should be taken into account when planning the defence. The court may not proceed with the hearing until proper confirmation of service of the documents has been obtained (Part 8 of Article 130 of the Civil Procedural Code of Ukraine).
Language Issues and Interpretation
A foreign national has the right to give explanations in their native language or in a language they understand, and the state is obliged to provide an interpreter (Part 4 of Article 9 of the Civil Procedural Code of Ukraine, Part 4 of Article 10 of the Commercial and Procedural Code of Ukraine, Part 4 of Article 15 of the Code of Administrative Proceedings of Ukraine). In practice, however, courts do not always have the resources to provide interpretation. For this reason, lawyers representing foreign nationals often arrange for a private interpreter in advance and petition the court for their admission to the proceedings.
In administrative proceedings (for example, a complaint to the customs or tax authorities), courts may refuse to hear a case in the absence of an official translation of the claim, which should also be anticipated (Articles 160, 161, and 169 of the Code of Administrative Proceedings of Ukraine).
Procedural Guarantees for Foreign Nationals in Criminal Proceedings
In cases involving extradition, the application of preventive measures, or participation as a defendant or victim, a foreign national has the right to:
- legal counsel from the moment of detention (Article 42 of the Criminal Procedural Code of Ukraine);
- notification of their consulate;
- the assistance of an interpreter;
- understanding the nature of the charges.
Investigators, prosecutors, and judges are obliged to translate documents and ensure that the accused understands the charges. At every stage, the defence lawyer should file the relevant motions: for the translation of the notice of suspicion, for access to confidential communication with counsel, and for notifying the diplomatic mission.
Common Categories of Cases Involving Foreign Nationals
Foreign nationals are often parties to cases concerning:
- challenges to sanctions;
- recognition and enforcement of foreign court judgments or arbitral awards;
- disputes with state authorities, where it is crucial to comply with deadlines, the required form of filing a claim, and to provide translations of all documents.
The recognition of a foreign judgment is a separate type of proceeding requiring legalised or apostilled documents, their translation, and an analysis of whether the decision complies with Ukrainian public policy.
Advantages of Engaging Fortior
Fortior Law represents foreign individuals and companies in Ukrainian courts of all jurisdictions – from local courts to the Supreme Court.
We handle:
- civil and commercial disputes;
- administrative cases against state authorities;
- criminal and quasi-criminal proceedings;
- recognition and enforcement of foreign judgments;
- cases involving restrictive measures.
We provide document legalisation, interpreter participation, communication with consulates, and full procedural support. Where necessary, we also apply to the European Court of Human Rights or other international institutions.
Contact Us
If you or your company are facing court proceedings in Ukraine, contact us at [email protected] – we will ensure your representation is effective, confidential, and free from unnecessary bureaucracy.
