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Eterna Law

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Almaty, Kiev, Moscow

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AstapovLawyers represented MOKATE

August 2011

AstapovLawyers International Law Group has successfully represented the interests of MOKATE.

The case concerned recognition in Ukraine of a judgement issued by the Gliwice Circuit Court (the Republic of Poland) to collect UAH 850,000 from a Ukrainian company in favour of MOKATE.

The case was tried before the Dniprovskyi District Court (Kyiv) at the location of the debtor.

AstapovLawyers managed to ensure successful recognition proceedings and secure a debt enforcement document.

“We are not new to the recognition of foreign court judgements in Ukraine. But this case was far from standard because of complications triggered by the provisions of the bilateral legal assistance agreement between the Republic of Poland and Ukraine which specifies a number of requirements to the set of documents necessary for recognition in addition to those established in the Code of Civil Procedure of Ukraine. Moreover, the Polish court heard the case in so-called ex parte proceedings that required no notice to be served on the debtor. This fact made the job a lot harder for us, because a failure to notify a debtor of a case to be heard on its merits is a formal ground for Ukrainian courts to deny recognition. To prove that the Polish court had issued a valid judgement and complied with the procedure, we provided the court with evidence showing that the debtor was notified of the judgement via the Dniprovskyi District Court of Kyiv and through the procedure prescribed in the Code of Civil Procedure of Ukraine. Furthermore, we had to engage our Polish colleagues to explain to the Ukrainian court the rules of Polish procedural law that indeed provide for ex parte proceedings to deliver the judgement. This case shows that the recognition mechanism existing with respect to foreign court judgements in Ukraine is quite effective if you make solid and serious preparations before the trial,” said Oleh Gromovoi, AstapovLawyers’ Senior Associate, who handled the case.

MOKATE is a leading Polish-based FMCG (coffee and tea) producer with exports spanning worldwide.

For more information, please contact Yulia Larina, PR Manager, AstapovLawyers: +38 (044) 490 70 01,

AstapovLawyers represented MOKATE



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