Ukrainians will be able to protect civil rights through a claims procedure without going to court

A draft law No. 15277 "On Amendments to the Civil Code of Ukraine regarding the pre-trial procedure for restoring civil rights" has been registered in the Verkhovna Rada, which proposes to legislatively establish the procedure for pre-trial dispute resolution by sending a written claim to the person who violated civil rights or legitimate interests.

The main novelty of the draft law is the introduction into the Civil Code of Ukraine of a separate mechanism for pre-trial dispute resolution by sending a written claim.

As the authors of the initiative note, after the expiration of the Economic Code of Ukraine, the provisions regulating the procedure for sending and considering claims within the framework of pre-trial dispute resolution ceased to apply.

Although parties can still use the claims procedure to resolve conflicts, its general legislative regulation has effectively disappeared.

In this regard, draft law No. 15277 proposes to enshrine the relevant rules directly in the Civil Code of Ukraine, defining the right to submit a claim, the requirements for its content, the procedure for sending and consideration.

The explanatory note emphasizes that such changes should eliminate legal uncertainty regarding the exercise of the right to pre-trial dispute resolution and ensure proper regulatory regulation of this mechanism.

The essence of the legislative changes

The draft law proposes to supplement Article 19 of the Civil Code of Ukraine with new parts three to ten.

It is envisaged to establish that persons who have violated the property rights or legitimate interests of others must restore them without waiting for a court application or receipt of a claim.

In addition, the person whose rights have been violated will receive a directly enshrined right to address the violator with a written claim for direct dispute resolution, unless otherwise provided by law or contract.

The draft law defines in detail the content of such a claim. The claim must indicate:

• the full name and postal details of the claimant and the person
• (persons) to whom the claim is addressed;
• the date of submission and claim number;
• the circumstances on which the claim is based;
• evidence confirming these circumstances;
• the claimant's demands with references to normative acts;
• the amount of the claim and its calculation, if the claim is subject to monetary evaluation;
• the claimant's payment details;
• a list of documents attached to the claim.

It is worth noting that the draft law sets requirements not only for the form but also for the substantive content of the claim. It must contain factual and legal justification of the demands, be supported by evidence, and in the case of property claims — also include their calculation. This brings the claim closer to a full-fledged legal position of the party already at the pre-trial stage of dispute resolution.

The procedure for submitting a claim is also established. It must be signed by the claimant or their representative and sent by registered or valuable mail or delivered against receipt.

The procedure for considering the claim is regulated separately. As a general rule, it must be considered within one month from the date of receipt.

The draft law provides that the recipient of the claim is obliged to satisfy the justified demands of the claimant and notify in writing about the results of its consideration.

In addition, during the consideration of the claim, the parties, if necessary, must conduct reconciliation of calculations, expert examinations, or other actions aimed at pre-trial dispute resolution.

What this means in practice

The text of the draft law implies that sending a claim remains a right, not an obligation of the person, since the proposed changes provide for the possibility of submitting a claim, not establishing a mandatory pre-trial dispute resolution procedure.

At the same time, if the draft law is adopted, practical questions may arise regarding the legal significance of the claim and the consequences of its non-submission.

Special attention will also be required for interpreting the provision on the obligation to satisfy the justified demands of the claimant, since the criteria for such justification are not defined by the draft law. This may become the subject of further judicial practice development.

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