Ruling of Kyiv Court of Appeal in the case 824/1/26 dated 14 January 2026

Case No. 824/1/26, proceedings No. 22-vk/824/17/2026, judge-rapporteur in the court of second instance R. V. Berezovenko

RULING on leaving the application without movement

14 January 2026, Kyiv

The Kyiv Court of Appeal, composed of Judge R. V. Berezovenko of the Judicial Chamber for Civil Cases, having considered the application of INFORMATION_1, filed by its representative, attorney PERSON_1, for recognition and leave to enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024 on the claim of INFORMATION_1 against INFORMATION_2 for the recovery from the respondent INFORMATION_3 of a debt under the Agreement on the Settlement of Claims under Supply Contract NUMBER_1 and Supply Contract NUMBER_2, concluded by the parties on INFORMATION_4,-

F O U N D:

On 2 January 2026, the Kyiv Court of Appeal received the application of INFORMATION_1, filed by its representative, attorney PERSON_1, for recognition and leave to enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024.

Having examined the application and the documents attached to it, the court concluded that the application does not comply with Article 455 of the Civil Procedure Code of Ukraine and is to be left without movement on the following grounds.

Pursuant to Article 455(4)(4) of the Civil Procedure Code of Ukraine, a document confirming payment of the court fee shall be attached to an application for the issuance of a writ of execution for the enforcement of an arbitral award.

According to sub-item 4 of item 1 of Article 4(2) of the Law of Ukraine "On Court Fee", for filing with the court an application for the issuance of an enforcement document for the enforcement of an award of an arbitral tribunal (international commercial arbitration) filed by a legal entity or an individual entrepreneur, the court fee is charged at 0.5 of the subsistence minimum for able-bodied persons, that is, as at 1 January 2026, UAH 1,664.

As appears from the case file, the applicant has not paid the court fee in full.

The applicant paid a court fee in the amount of INFORMATION_5 according to receipt ID 1795-4510-7376-9654, and therefore must pay an additional UAH 150.00.

Pursuant to Article 455(5) of the Civil Procedure Code of Ukraine, the provisions of Article 185 of this Code apply to an application filed without compliance with the requirements set out in this Article.

Thus, since the application does not comply with Article 455(4)(4) of the Civil Procedure Code of Ukraine, it is to be left without movement, with a time limit for remedying the deficiencies of five days from the date of service of this ruling.

Guided by Articles 185 and 455 of the Civil Procedure Code of Ukraine, the court of appeal,-

RULED:

The application of INFORMATION_1, filed by its representative, attorney PERSON_1, for recognition and leave to enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024 shall be left without movement.

A time limit of five days from the date of service of a copy of the ruling is granted for remedying the deficiencies of the application.

If the requirements of the ruling are not fulfilled within the prescribed time limit, the application shall be deemed not filed and shall be returned.

The ruling enters into legal force from the moment it is signed by the judge and is not subject to cassation appeal.

Judge R. V. Berezovenko