Draft Law of Ukraine

"On Amendment of Some Legislative Acts of Ukraine Related to Pre-Trial Regulation of Disputes"

The draft suggests amendments to:

• the Code of Trade Navigation of Ukraine;
• the Law of Ukraine "On Enterprise Profit Tax";
• the Decree of the Cabinet of Ministers of Ukraine "On State Duty".

According to the draft, claims related to disrepair of ships and other defects of their general state may be filed by the lessee within one year from the date of transferring the ship.

The draft envisages eliminating the necessity of obligatory submission of claims to the sea transport cargo carrier before filing a lawsuit with a court.

According to the draft, a creditor may (currently – shall) submit a claim to the debtor with respect to payment of bad debt in case force majeur circumstances are of temporary nature and do not influence capability of the debtor to pay the debt after they have ended.

The draft also suggests eliminating the provision related to returning state duty in cases when the claimant has not adhered to the established procedure for pre-trial regulation of disputes determined for the given category of cases.

The draft, if approved, will agree the above-mentioned normative and legal acts with the Commercial Procedural Code of Ukraine, according to which pre-trial regulation of commercial disputes is not obligatory.