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16Mar/110

New rules of the protection of Ukraine’s state interests in international jurisdictional bodies

On March 15, 2011 the new version of the Order of protecting the rights and interests of Ukraine during the disputes, before the foreign jurisdictional authorities in cases involving a foreign entity and Ukraine came in force. The Order was approved by the Decree of the President of Ukraine.

According to the document the main body in this area is the Ministry of Justice. The Ministry of Foreign Affairs has to inform the Ministry of Justice of all possible claims against Ukraine and the Ministry of Justice is obliged to contact the other party to the dispute and to inform the Government about a possible trial (and in some cases - the President). The Ministry establishes an interagency working group (composed of representatives of all interested bodies) to protect the interests of Ukraine.

The Ministry of Justice is empowered to attract private (including foreign) specialists (attorneys. Facilitators etc.), whose participation is necessary. In this case, foreign institutions may be recommended by the Ministry of Foreign Affairs.

It is worth noting that the document if focused on reaching a settlement, but the final word rests with the Cabinet of Ministers of Ukraine.

The order applies to all cases in international jurisdictional bodies, except for cases before the European Court of Human Rights. 

by International Arbitration Team

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