Free Economy Institute
Private courts (judges of first instance)
  • Private courts operate on a commercial basis in the form of individuals and legal entities.
  • Private courts along with municipal courts are the courts of first instance. Citizens and organizations decide on their own whether they want to go to a private or municipal court.
  • A private court independently recruits and appoints its judges.
  • A private court independently establishes the procedure and method for considering cases the cost of its services and procedure for their payment by participants in the trial or other interested parties.
  • A private court has the right to be guided by any existing legislation. Including the legislation of other countries. As well as legislation developed or adapted independently by this court other courts, associations of courts, other organizations, or individual authors.
  • A private court has the right to consider cases only if both parties (the plaintiff and the defendant) agree to the consideration of their case by this court and this judge.
  • A private court decision shall enter into force only if both parties to the case examined by the court agree with this decision.
  • The decision of the private court which entered into force is binding on both parties and the relevant bodies of local and republican self-government (state executive bodies).
  • The decision of a private court cannot be refuted in the appeal or Supreme Court of Ukraine.
  • Each of the parties considered by a private court of the case may at any time (including after the court decision comes into force) withdraw its consent with the court decision.
  • Instead of appealing a decision of a private court in case of disagreement of one or both sides of the trial with a decision made by a private court either party has the right to appeal to another private court or to the municipal court (court of first instance) of Ukraine. In this case previous trial and the corresponding decision of the private court are not taken into account by the municipal, appeal and Supreme courts of Ukraine.