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How to write a response to a claim in Ukraine

To prove your case in response to a claim, it is necessary to prepare a response (objection) to the claim for the court of Ukraine. In modern life ordinary citizens and organizations often have to face accusations made against them in claims filed by individuals and legal entities.

What is a response to a claim?

A response to a claim is a type of legal document in which the defendant sets out their position regarding the plaintiff’s accusations or demands. It is drawn up in strict accordance with the requirements fully set out in Art. 59 of the Commercial Procedural Code and Art. 28 of the Civil Procedural Code of Ukraine. More details about what a response to a claim is and how to draft it can be found at the link Response to a claim.

How to write a response to a claim in Ukraine

How to properly prepare an objection to a claim: contents of the response

A response to a claim must include:

  1. Name of the court.
  2. Plaintiff’s details as stated in the claim.
  3. Defendant’s details:
    • for legal entities: full name, location, EDRPOU code, contact details of the founder (postal address, phone number, email address);
    • for individuals: full name, place of residence or stay, identification code or passport number and series, contact details for communication (postal address, phone number, email).
  4. Case number and judge’s full name.
  5. A list and justification of the circumstances with which the defendant agrees and/or objects.
  6. List of documents used to substantiate the aforementioned circumstances. The complete package is attached to the response.
  7. Explanations regarding evidence that cannot be provided with the response but are mentioned in it, indicating the reasons for their absence.

What to write in the response?

Before writing objections to a claim, it is necessary to understand that it is very important to reflect all your disagreements in the response. If comments on any circumstance mentioned in the claim are not indicated, the defendant will no longer be able to object to such claims during the consideration of the case. However, there are two exceptions:

  • 1st case – when the fact of disagreement is not reflected in the body of the response but is evident from the evidence provided;
  • 2nd case – if the defendant can prove that he missed the opportunity to object for reasons beyond his control.

How to submit an objection to a claim?

The defendant has the right not to submit a response, but then the court in its decision will be limited only to the plaintiff’s arguments and evidence.

A copy of the response prepared and certified by the defendant’s representative or his authorized person is provided to the other parties to the case at the same time as it is submitted to the court for their review (the entire package of documents as well).

Deadlines for filing

The response to a claim must be drafted and submitted within the time stipulated by the court and is not less than 15 days from the date of delivery of the notice of initiation of proceedings on the received claim. If the document is not sent within the allotted time, the case is considered based on the materials available in it.

Sample response to a claim

The response to a claim is your defense against the claim filed against you. The outcome of the case depends on how you write the response to the court and how competently it is drafted and timely submitted. Therefore it is best to entrust this matter to qualified specialists who know exactly how to correctly write a response to a claim.

The sample response to a claim is available here.

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