Ilyashev & Partners' Counsel Marina Riashchenko, a member of the Ukrainian Arbitration Association (UAA), has contributed to the development of Recommendations on Ensuring Fair Trial Standards for Consideration of Claims against the Russian Federation.
This document was presented to the Supreme Court on 20 September 2024 as a result of a two-year analysis and research conducted by a working group of 15 experts from the UAA and the Institute of Legislative Ideas.
A set of recommendations has been developed for Ukrainian judges and business representatives who have suffered losses as a result of Russian military aggression. Given the Ukrainian judicial practice, the procedure of hearing cases against the Russian Federation, its status as a foreign state, the international standards of proper administration of justice and foreign legislation, the Recommendations took into account the Ukrainian judicial practice, the procedures of hearing cases against the Russian Federation.
Considering the current lack of effective and available international compensation mechanisms, the authors of the document suggest defining procedural standards for Ukrainian courts in the context of commercial claims against the Russian Federation. Specifically, the Recommendations examine the procedural methods of ensuring compliance with international standards of due justice and best practices regarding, among other things, proper notification and service of documents, their translation, deadlines, justifications of court decisions.
“Obtaining decisions of Ukrainian courts for the recovery of business damages caused by Russia's military aggression and enforcing those decisions in foreign jurisdictions remains the most effective mechanism for businesses. Ukraine's court decisions on recovering damages from the aggressor state will be continually examined by foreign courts in proceedings on recognition and enforcement,” Marina Riashchenko said. “Recommendations provide judges and experts handling such cases with a unique tool that can be extremely useful. Compliance with the procedural standards set out in the Recommendations increases significantly the chances of recognition and enforcement of Ukrainian judgments in other countries.”
The Ukrainian Arbitration Association is a non-profit organization that unites lawyers who are professionally engaged or interested in international arbitration. The UAA cooperates with leading arbitration institutions in various jurisdictions and develops cooperation between legal practitioners from all over the world.