All practices
01 / 09 Practice since 2008

Litigation.

Commercial, civil, administrative and tax disputes in all instances, including the Supreme Court.

Practice
01 / 09

About practice

Judicial work is not “magic in the courtroom.” It is preparation: carefully collected evidence, a well-founded claim or response, a well-thought-out strategy from the first instance to the Supreme Court.

Lawyers of "Vash Jurist" have been conducting legal cases since 2008 - both on the plaintiff's side and on the defendant's side. We work in commercial, civil, administrative, and criminal proceedings. The category of the dispute does not determine the approach - it only determines the form of the process.

Before taking on a case, we assess the prospects. If the chances are slim, we say so honestly during the consultation. If we take on the case, we prepare a position that will withstand not only the first instance, but also the appeal and cassation review.

What dispute can we take?

Business disputes between enterprises, civil disputes between individuals, administrative cases with state authorities, tax disputes, corporate conflicts, labor disputes, inheritance, family, land, housing disputes, compensation for damage, defense of a party in criminal proceedings.

The above list is not exhaustive - we take most categories of disputes that an entrepreneur or individual faces. If you are not sure whether your situation is suitable - just call: during the consultation we will immediately tell you whether we will take on the case and with what prognosis.

The category of the dispute does not determine the approach. Commercial, civil, administrative proceedings differ in procedural rules, deadlines, and jurisdiction. But the logic of the work is the same: assessing the prospects, forming a position, providing evidence, and conducting proceedings in the courts.

Work in institutions

The first instance is the most important stage. Here the evidentiary base is formed, motions are filed, the opponent's position is questioned. Errors of the first instance are then difficult to correct higher. Therefore, we come to the first meeting with a full package: a claim or a response, evidence, and pre-processed testimonies.

Appellate review - the opportunity to add new evidence (if justified, why it was not submitted earlier), re-evaluate evidence already submitted, challenge procedural violations. The appeal does not repeat the first instance - it is narrowed to the arguments of the complaint.

Cassation review is only a question of law. The evidentiary part is already closed. Here we assess whether the lower courts correctly applied the substantive law and whether the process was followed.

We calculate the cost for each instance separately. Litigation in an appeal or cassation is a separate contract with a separate amount, even if we conducted the first instance.

Before and after the court hearing

Before a trial, it often makes sense to take pre-trial steps: a claim, negotiations, an attempt at settlement. Sometimes a trial can be avoided altogether - if the opponent is ready for an agreement, better terms are obtained in negotiations than in a court decision.

In the process - securing the claim (seizure of property, prohibition of actions), if there is a risk that the decision will become "paper". We work with requests for security at the start of the process or during it.

After the decision has entered into legal force, enforcement. A separate stage with its own logic: working with the state enforcement service or private enforcement agents, opening enforcement proceedings, monitoring the deadlines and actions of the enforcement agent, and, if necessary, appealing inaction.

How we assess the future

At the first consultation, we review the documents you bring: contracts, correspondence, previous decisions, claims. We evaluate the opponent's position, possible objections, and the evidence base.

If the probability of winning is low, we say this directly, before concluding the contract. We do not take on hopeless cases, even if the client is willing to pay: a lost case spoils the statistics and wastes time that could be spent on a case with real chances.

If we take on the task, we give an honest forecast: what is realistic to achieve, how many instances can be expected, what the implementation will look like. We never promise a specific result - a trial is a trial, there are unforeseen factors. But we promise high-quality management at every stage.

21 practice services

What we do in the practice of "litigation"

Service 01

Lawyer request

Drafting and submitting a lawyer's request to obtain documents and information from state bodies, banks and enterprises. Monitoring the 5-day response time.

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Service 02

Debtor protection - contesting creditors' claims and penalties

We protect debtors from unjustified claims of creditors: we check statutes of limitations, documents, and challenge accrued penalties.

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Service 03

Debt collection - lawyer in Kyiv, we return debts through the court and enforcement

We recover debts of legal entities and individuals - pre-trial claim, lawsuit, enforcement proceedings. We work with debt collectors and protect debtors from unfounded claims.

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Service 04

Debt collection by receipt through the court - with 3% and inflation

We collect debts based on a receipt or loan agreement through the court with an accrual of 3% per annum and the inflation index for the entire period of delay.

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Service 05

Collection of receivables through the court

We recover debts of counterparties through pre-trial claims, lawsuits in commercial court, and support of enforcement proceedings.

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Service 06

Recognition of a real estate purchase and sale agreement as invalid

We are filing a lawsuit to declare the real estate purchase and sale agreement invalid (Articles 203, 215-216 of the Civil Code) - grounds: violation of form, legal capacity, lack of consent, pressure, fraud.

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Service 07

Recognition of ownership of real estate through the court

We file a lawsuit for recognition of ownership of real estate through the court (Article 392 of the Civil Code) - if there is a dispute with third parties, lost documents or an inheritance situation.

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Service 08

Recovery of real estate from illegal possession (vindication)

We file a vindication lawsuit to reclaim real estate from someone else's illegal possession (Articles 387-388 of the Civil Code) - restoration of actual possession of the owner.

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Service 09

Disputes with condominium associations - collection of contributions, appealing decisions

We conduct disputes with associations of co-owners (OSBB): collection of contributions from debtors, appeals against decisions of general meetings, disputes about management, repairs, and accruals.

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Service 10

Real estate rental disputes - evictions, debts, terminations

We handle disputes under lease agreements: collection of rent from debtors, eviction, early termination of the agreement, disputes about deposits, repairs, damage to the property.

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Service 11

Corporate disputes between participants - dividends, shares, transactions

We conduct corporate disputes between participants and the company in commercial court: collection of accrued but unpaid dividends; disputes about the status and value of a share; contesting transactions between participants and the company; payments for a retired share.

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Service 12

Appealing decisions of the general meeting of LLC participants

We are filing a lawsuit to invalidate the decision of the general meeting of LLC participants for violating the procedure for convening, conducting, quorum, exceeding competence, or violating the charter. The dispute is being considered by the commercial court.

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Service 13

Disputes regarding the exclusion of a member from an LLC

We support the procedure for excluding a participant from an LLC - both from the company's side (preparation of meetings, documentation, defense of the decision in court), and from the excluded participant's side (appeal of the decision, recalculation of payment for the share). Disputes are considered by the commercial court.

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Service 14

Annulment of a will through a court

Through the court, we declare the will invalid on the grounds of incapacity, pressure, fraud, or violations of form (Articles 1257-1258 of the Civil Code).

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Service 15

Division of inheritance between heirs through the court

Through the court, we divide the inherited property between the heirs who could not agree, taking into account the right of priority and compensation.

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Service 16

Renewal of the term for accepting inheritance through the court

Through the court, we renew the missed six-month period for accepting the inheritance and recognize the right of ownership of the inherited property.

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Service 17

Recognition of ownership of inheritance through the court

We recognize your ownership of inherited property through the court: when documents are insufficient, there are notarial refusals or objections from heirs.

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Service 18

Reinstatement through the court - with paid absences

We reinstate those illegally dismissed through the court and collect average earnings for the time of forced absenteeism.

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Service 19

Employer protection in labor disputes and the State Labor Service

We defend employers in courts against employee claims, during inspections by the State Labor Service, and in disciplinary proceedings.

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Service 20

Changing the reason for dismissal in labor through the court

Through the court, we change the illegal wording of dismissal in the labor contract (for example, "for absenteeism" to "by agreement of the parties").

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Service 21

Collection of wages through the court - with a penalty under Article 117 of the Labor Code

We collect unpaid wages, severance pay and compensation through the court with the accrual of penalties under Article 117 of the Labor Code.

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06 typical situations

Typical customer situations

The most common scenarios we are approached with. Find yours and proceed to a full analysis with the procedure, deadlines, and practice.

01

The counterparty does not pay according to the contract: what to do

If a counterparty has received goods, services, or work but does not pay, it is important to quickly record the debt, check the documents, and choose a strategy: claim, securing the claim, court, enforcement proceedings.

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Do you have a court decision, but the debtor still does not pay? There are levers in enforcement proceedings: search and seizure of property, selection of a more active private enforcement agent, and in case of inaction - appealing the enforcement agent's actions through the court.

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LLC does not pay? The debt is collected from the company's property. Limited liability complicates collection, but there are real levers - quick seizure of assets, appeal of their withdrawal, and in bankruptcy - the responsibility of the manager. The main thing is to act while the assets are in place.

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The individual entrepreneur does not pay? The debt is real to collect - the individual entrepreneur is liable with all his property, and closing the individual entrepreneur does not relieve him of the debt. It is important to act quickly, before the debtor withdraws his assets.

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If you have performed work or provided services, and the customer does not pay for them - often without signing the act - it is important to record the fact of performance, collect evidence, and choose a collection strategy: claim, court, enforcement proceedings.

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If you delivered the goods and the buyer did not pay for them, or you paid an advance and did not receive the goods - it is important to record the debt, collect evidence of delivery and choose a collection strategy: claim, court, enforcement proceedings.

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Who needs this practice?

Entrepreneurs and companies

Commercial, contractual, corporate, tax, and labor disputes - both with counterparties and with government agencies.

Individuals

Civil disputes: inheritance, family, land, housing, relations with consumer services, compensation for damage.

The party against whom the claim is filed

It is necessary to form the defendant's position: response, counterclaim, objection to securing the claim.

Dissatisfied with the decision of the first instance

Appellate or cassation review: new evidence, reassessment of the evidentiary base, issues of application of law.

With a decision that is not being implemented

Working with the enforcement service, monitoring enforcement proceedings, appealing the actions or inaction of the enforcement agent.

How we work

  1. 01

    Briefing and assessment of prospects

    We analyze the essence of the dispute, documents, and previous history. We honestly talk about the chances and the projected amount of work.

  2. 02

    Analysis of the evidence base

    What is on hand, what still needs to be collected, what requests to send, which witnesses might be useful.

  3. 03

    Strategy and pre-trial steps

    Negotiations, claims, attempts at out-of-court settlements, if appropriate. Sometimes the best outcome is right here.

  4. 04

    Preparing a claim or response

    Legal position, justification, appendices, motion to secure the claim, summoning of witnesses.

  5. 05

    Management in institutions

    First, appeal, cassation. To a result that can be enforced. Enforcement proceedings are a separate stage.

Frequently asked questions

01 How do you assess the prospects of the case before acceptance?

During the consultation, we review the documents, analyze the position and possible objections of the opponent. If the probability of winning is low, we say so directly, before concluding the contract. We do not take on unpromising cases.

02 How is the cost of running a business determined?

The basic form is a fixed cost per instance (first instance, appeal, cassation separately). In complex cases with an uncertain volume - hourly payment or a combined scheme. We will name the exact amount after reviewing the materials.

03 Can legal costs be recovered from the opponent?

Yes - the court usually awards legal costs to the losing party. This includes court fees and legal aid costs. The amount of the latter is justified after the decision based on the certificate of work performed and the contract.

04 What do you need to provide at the beginning of cooperation?

All documents related to the case: contracts, correspondence, claims, previous decisions (if any). If something is missing, we will tell you how to obtain it, including through a lawyer's request.

05 What about the implementation of the decision once it has entered into legal force?

Enforcement is a separate stage. We work with the state enforcement service or private enforcement agents, monitor the progress of enforcement proceedings, and, if necessary, challenge the actions or inaction of the enforcement agent.

Do you have any questions about this practice?

A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.