Litigation Attorney

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Representation of interests of clients in courts

It can be said that Jurvneshservice specializes in litigation: lawyers represent interests of their clients both in courts of general jurisdiction and specialized courts. Jurvneshservice is proud of hundreds of satisfied clients and cases won. These cases include not only purely “national” disputes, but also disputes with a so-called foreign element, i. e. disputes where a party is a foreigner or a foreign company, or a disputed property is situated abroad, or such property is financed by a foreign creditor, as well as cases on setting aside of arbitral awards and recognition and enforcement of foreign arbitral awards and judgements (USA, Belarus, Russian Federation, Italy, Bulgaria, Iran, Austria, Switzerland).

Cases on establishment of facts

These cases include a special kind of cases that are considered by courts in order of a so-called special proceeding, when a court establishes certain facts of legal significance, primarily for those persons who initiate consideration of such cases, for example, declaration of incapacity or disclosure by bank of information containing bank secrecy in relation to legal entities and individuals.

Some of these cases (limitation of civil capacity of a person, declaration of incapacity and renewal of civil capacity of a person, declaration of a person to be missing or declaration of death in absentia, adoption, providing a person with psychiatric assistance in compulsory order, forced hospitalization to an antitubercular hospital) are considered in accordance with the new Code of Civil Procedure of Ukraine by a judge and two jurors who by their nature play the role of “justice by the people”, because they are persons who, while not being lawyers by education, but at the same time meeting certain criteria established by the law together with the judge participate in resolving the cases of separate proceedings mentioned above.

Jurvneshservice lawyers have experience in this category of cases, especially those related to “medical issues” (declaration of incapacity, declaration of death in absentia), as well as in the sphere of adoption, including international adoptions.

Family disputes and hereditary disputes

Everyone prefers to find a couple and create a family, but sometimes this ends in failure, and the couple separates. Not everyone is able to divorce peacefully and, accordingly, there is a need for a court settlement that infers involvement of lawyers. Jurvneshservice consulted on divorce, establishment of a child’s place of residence, disputes concerning child maintenance amount paid or to be paid, division of marital property, deprivation of parental rights and recognition and enforcement of foreign judgements on the issues listed.

A separate category of disputes comprises inheritance disputes that may be “burdened” by various circumstances, including improper registration of ownership (for example, a non-privatized dwelling of a testator, death of a testator during the period provided for acceptance of inheritance, etc.). A complex interplay between family and inheritance relations, ownership and, maybe, even corporate legal relations, is often present in hereditary disputes, so legal support in such cases requires a comprehensive approach.

IT Disputes

Everyone prefers to find a couple and create a family, but sometimes this ends in failure, and the couple separates. Not everyone is able to divorce peacefully and, accordingly, there is a need for a court settlement that infers involvement of lawyers. Jurvneshservice consulted on divorce, establishment of a child’s place of residence, disputes concerning child maintenance amount paid or to be paid, division of marital property, deprivation of parental rights and recognition and enforcement of foreign judgements on the issues listed.

A separate category of disputes comprises inheritance disputes that may be “burdened” by various circumstances, including improper registration of ownership (for example, a non-privatized dwelling of a testator, death of a testator during the period provided for acceptance of inheritance, etc.). A complex interplay between family and inheritance relations, ownership and, maybe, even corporate legal relations, is often present in hereditary disputes, so legal support in such cases requires a comprehensive approach.

Nowadays almost all businesses work with programmers, because without SEO and online promotion and depending on type of business without special programs and mobile applications, there is no chance to even think over prospects of business development. Programmers, who are often less than 30 years old, in the face of such a tremendous flow of customers often lose their mind and as business partners may afford themselves to disrupt deadlines and give the product of a quality that may differ, sometimes significantly, from what you want.

One of the most common types of IT disputes are disputes over websites, namely improper performance by IT developers of their duties under contracts for creation of a website that often contain a lot of pitfalls, which customers are not inclined to see or cannot manage to see. As a result, when considering disputes out of such contracts in courts, it is sometimes difficult to prove the improper performance by IT developers of their duties.

Jurvneshservice has experience in litigation with programmers and can help you both at the stage when a problem already exists and at the stage of consultation before entering into a contract with IT developers, pointing out problem issues of the contract and how they can be avoided.

Recognition and enforcement of foreign arbitral awards and judgements

Attorneys for such cases shall know private international law, international civil procedure and international commercial arbitration.

The core of judicial proceedings in these cases before the state courts of Ukraine is to check out the compliance with a number of basic principles of justice during an arbitral or a foreign court proceeding, particularly (a) the party against whom the award (foreign court judgement) is invoked was given proper notice of the arbitration or foreign court proceedings; (b) “conformity” of a dispute between the parties with the arbitration agreement (choice of court agreement); (c) recognition or enforcement of award (foreign court judgement) would not be contrary to the public policy of the country, where recognition or enforcement should take place; (d) entering into force of award (foreign court judgement); (e) due (in accordance with the agreement of the parties) composition of an arbitral tribunal; (f) the full capacity of the parties that have entered into an arbitration agreement (a choice of court agreement), etc.

One of the most “snaky” issues in such cases is the party’s notification of the dispute being considered in arbitration or a foreign court. This is the favorite plot of Ukrainian debtors, who sometimes choose from the beginning of the arbitral or judicial proceedings the strategy “to know nothing about the process”, but not later than the judgement or award is delivered. When such a position is taken by the debtor from the beginning, the creditor who seeks recognition and enforcement would not manage without qualified legal assistance.

Jurvneshservice lawyers faced such practice of debtors, including on the part of large companies, and know how to refute the arguments about the alleged failure to notify the debtor of the process, and thus to obtain a “positive” for the creditor decision on recognition and enforcement of award or judgment in a Ukrainian court.

Disputes over illegal construction

During 2014-2016 Kyiv leaders commenced a campaign against illegal real estate developers, in particular those who constructed buildings both with grave violations of law (as at Khreshchatyk Street in the Trade Unions Building), ignoring permits and requirements for the preservation of the architectural inheritance and in a dreadful, simply unacceptable form for the face of the city (as a building near the National Art Museum of Ukraine). The struggle focused on the most outrageous objects in order to give to developers a clear signal: “There will be no more such insolence!”

Jurvneshservice attorneys and lawyers represented on a pro bono basis the Kyiv City State Administration in its lawsuits with developers who built illegal objects near the National Art Museum of Ukraine and at the top of the Trade Unions Building.

Banking Disputes

The most relevant disputes in this area are those seeking to return bank deposits, which is one of the most difficult tasks when a bank is on the verge of insolvency.

The second placing gets the foreclosure of mortgage as often such foreclosure ends in the expulsion of people from their homes that were purchased on credit funds.

The third placing get credit disputes, which can be linked to insolvency and bankruptcy of debtor or lending institution, which in turn will require the involvement of team of lawyers to protect the interests of the client efficiently.

It is worth to emphasize that often debtors are in a difficult position due to terms of a loan agreement or mortgage, which are usually formulated solely in favor of a credit institution. In order to avoid such situations it is advisable to seek legal advice from Jurvneshservice who will help to balance the rights and obligations of the credit institution and the borrower.

Real estate disputes

Real estate disputes which by its nature relate to property that already physically exists or which should be created (constructed) by the developer in the future can arise from legal relations that are not directly related to real estate. Such disputes may arise from banking relations when it comes to ensuring the fulfillment of obligations of the debtor (borrower) by real estate (mortgage); from inheritance, when it comes to property disputes; from public legal relations regarding adherence to construction rules (including arbitrary construction); division of marital property, etc.

Jurvneshservice attorneys and lawyers have significant practice in litigation concerning real estate and can help you in any difficult situation.

Disputes with carriers

Nowadays any international transportation is carried out with application of the rules of international conventions, such as Convention on the Contract for the International Carriage of Goods by Road of 1956, United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules) of 1978, Convention on the Unification of Certain Rules for International Carriage by Air of 1999, therefore one of the advantages of a client’s representative in such cases is knowledge of international and private international law.
Disputes with carriers are not rare in activities of freight forwarders, that engage several carriers; it may be disputes of any nature – related to loss or theft of goods, delivery of goods of inadequate quality or quantity, which may lead to a dispute both with the carrier and with the buyer of the cargo or the insurance company that insured the goods.
Jurvneshservice attorneys and lawyers have a lot of experience in such cases; they worked for years with Ukrinterforwarding, one of the first carriers in Ukraine, which still works in the market.

Protection of honor and dignity, as well as business reputation of individuals and legal entities

In Ukrainian politics disputes concerning protection of honor, dignity and business reputation of individuals are not rare, that proves out by numerous lawsuits, including ones initiated by, among others, Arsen Avakov, Minister of Internal Affairs of Ukraine, Roman Nasirov, head of the State Fiscal Service of Ukraine, Vitaliy Khomutynnik, deputy of Ukraine and one of Kernel shareholders, to former Georgian President Mikheil Saakashvili; a claim lodged by Viktor Medvedchuk to deputy of Ukraine Anna Hopko; a claim of President of Ukraine Petro Poroshenko to the British Broadcasting Company, etc. Offensive words of the opponents or just reporters, which, in the opinion of the plaintiffs, “blacken” their reputation, constitute the core of subject matter of all these claims. The task of the lawyer is to refute or prove this fact.
Jurvneshservice attorneys and lawyers defended Mikheil Saakashvili interests in more than ten cases concerning protection of honor and dignity, basing their defensive position on the practice of the European Court of Human Rights and domestic judicial practice.
Get to know more about this category of cases Protection of honor, dignity and business reputation, as well as in the articles of Jurvneshservice lawyers.