Participants in cases may lose the right to secure a claim in cassation: risks identified by the National Bar Association of Ukraine

The National Bar Association of Ukraine has called for the revision of a draft law that changes the rules for securing a claim in cassation courts.

Lawyers believe that the proposed provisions may deprive participants in cases of the opportunity to protect their rights in a number of procedural situations where the decision effectively ends the proceedings without considering the dispute on the merits.

It is emphasized that such changes create risks for effective judicial protection and propose expanding the list of cases in which securing a claim is allowed during cassation review.

Analysis of the draft law on securing a claim in cassation

The Committee of the National Bar Association of Ukraine on Commercial Law and Procedure, at the request of the Verkhovna Rada Committee on Legal Policy, analyzed the draft Law dated April 9, 2026, No. 15163 "On Amendments to the Commercial Procedural Code of Ukraine and the Civil Procedural Code of Ukraine regarding the normative regulation of certain issues of securing a claim" and prepared comments and proposals.

The draft law proposes to supplement the Commercial Procedural Code and the Civil Procedural Code with a provision according to which an application to secure a claim may be submitted to the cassation court only in the case of cassation appeal against the decision of the appellate court made as a result of reviewing the first instance court’s decision on the merits of the dispute.

At the same time, it is provided that an application to secure a claim submitted to the cassation court in the case of cassation appeal against decisions made on procedural matters will remain unconsidered.

Lawyers identified risks to the right to effective judicial protection

The Committee of the National Bar Association of Ukraine noted that such an approach may significantly limit a person’s right to effective judicial protection.

Lawyers point out that certain court decisions are formally made on procedural matters but in fact end the consideration of a specific proceeding without resolving the dispute on the merits. This concerns, in particular, rulings:

• on returning the claim;
• on refusal to open proceedings;
• on closing the proceedings in the case;
• on leaving the claim without consideration.

If such rulings remain unchanged by the appellate court, they may be separately appealed to the cassation court.

Why, according to lawyers, securing a claim may be necessary

The National Bar Association of Ukraine emphasizes that it is precisely during the cassation review of such procedural decisions that the plaintiff may have an objective need to secure the claim.

In particular, this may be necessary to prevent the defendant from alienating property or taking other actions that could complicate or make impossible the enforcement of a future court decision in case the procedural ruling is overturned.

According to lawyers, the complete exclusion of the possibility to secure a claim in such categories of cases creates risks of limiting the right to effective judicial protection.

Proposed changes

The National Bar Association of Ukraine proposed to revise the wording of the draft law.

In particular, lawyers believe that the provisions should apply not only to the cassation review of decisions made on the merits of the dispute but also to all cases of cassation review of court decisions that end the consideration of the case or hinder further proceedings.

At the same time, it is noted that the procedural mechanism preventing possible abuses of the institution of securing a claim should remain the institution of counter-security.

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