After registering a company, a director or founder may think that the difficult part is over and that the business can now operate peacefully without unnecessary stress. Unfortunately, company registration is often only the first and relatively straightforward step. As the business develops, the company may face unpaid debts, breaches of contract or unlawful charges. In such situations, legal protection through the courts can become the final and most effective remedy. With the right legal strategy, a company can not only protect its rights but also preserve its business reputation.
Let us look at the key aspects of protecting business interests in court.
Litigation Strategy: Where to Start
Effective legal protection of a business involves several key stages:
1. Situation analysis and evidence gathering. First, the legal violation must be clearly identified, followed by the collection of all supporting evidence: contracts, acceptance certificates, correspondence, payment documents and extracts from registers.
2. Pre-litigation settlement. Sending a formal claim may be mandatory, and it is not only a legal requirement but also an opportunity to resolve the dispute without going to court.
3. Choosing the appropriate legal remedy. Depending on the situation, this may include debt recovery, declaring a contract invalid, or seeking an attachment or freezing of bank accounts or assets.
4. Representation in court. This includes preparing the statement of claim, attending hearings, filing motions and appealing court decisions.
5. Enforcement of the judgment. Obtaining the enforcement document and working with the enforcement authorities.
It is also important to determine the correct jurisdiction from the outset. Most business disputes fall within the jurisdiction of commercial courts. Choosing the wrong jurisdiction can result in significant delays. Timely applications for interim measures are equally important.
Many companies try to handle litigation themselves. However, a lack of procedural experience often leads to mistakes, such as missing deadlines or incorrectly formulating claims. A corporate lawyer does more than prepare legal documents: they develop a litigation strategy based on current case law and the specific practice of the relevant court. Even after a favorable judgment is obtained, the lawyer’s work is not necessarily over. The enforcement proceedings must be monitored and, where necessary, the actions or inaction of enforcement officers may need to be challenged.
Key Legal Provisions: the Commercial Procedure Code of Ukraine (Article 20 — jurisdiction of commercial courts; Article 137 — interim measures) and the Civil Code of Ukraine (general provisions on obligations and liability).
There are many situations that may lead to litigation. Below are just a few cases: anonymized examples from the practice of the Commercial Court of Odesa Region in 2024–2025.
Case 1. Recovery of Debt under a Service Agreement.
In 2025, an Odesa-based company providing electricity distribution services filed a claim with the Commercial Court of Odesa Region seeking to recover a debt from a local business. The debt had accumulated over several months, while the defendant ignored the claimant’s demands for payment.
The claimant provided the relevant contracts and completion certificates, invoices and evidence that the formal claims had been sent. The court upheld the claim in full, ordering payment of the principal debt, 3% annual interest and a penalty. The outcome was made possible by comprehensive documentary evidence and timely court proceedings. This case demonstrates that even in seemingly “simple” debt recovery cases, the quality of the evidence and compliance with the pre-litigation claim procedure can be decisive.
Case 2. Protection Against Rent Charges Due to Force Majeure.
Also in 2025, a case concerning the lease of premises in Odesa was brought before the court. The landlord sought payment of rent for a period during which the tenant was effectively unable to use the premises due to circumstances related to martial law. The tenant provided a certificate from the Odesa Regional Chamber of Commerce and Industry confirming the occurrence of force majeure circumstances.
The court rejected the claim for rent for the relevant period, referring to Part 6 of Article 762 of the Civil Code of Ukraine. The case demonstrates that a properly issued force majeure certificate can be an effective tool for protecting a business operating under wartime conditions.
Practical Tips from Lawyers
- Always preserve evidence of communications with counterparties in any form, whether paper correspondence or electronic messages. Such communications often become key evidence in court.
- Do not delay applying for interim measures. If bank accounts are frozen at an early stage, the chances of actually recovering the debt may be significantly higher.
- Check the applicable limitation periods (the general limitation period is three years).
- In force majeure cases, make sure to obtain a certificate from the Chamber of Commerce and Industry.
- Assess the prospects of the case before filing a claim. In some situations, reaching a settlement agreement may be more beneficial than litigation.
Key Takeaways
Representing a business in court involves much more than attending hearings. It also requires thorough preparation of the documentary evidence and a carefully developed legal strategy. The cases above demonstrate that courts pay close attention both to documentary evidence and to objective circumstances, including those arising from martial law.
The earlier a business engages a professional lawyer, the greater the chances not only of winning the case but also of minimizing the time and financial costs involved. A well-designed litigation strategy can turn court proceedings from a business risk into an effective tool for protecting rights and maintaining the company’s financial stability.
