The Civil Procedure Code of Ukraine strictly regulates the procedure for drafting, submitting, and reviewing a statement of claim.

However, even with access to legal texts, a person without legal education may find it difficult to understand the nuances. Many questions arise: how to properly format a claim, which documents must be attached, which court to apply to, how to pay the court fee, and so on.

In such a situation, seeking timely advice from a qualified lawyer can be invaluable for submitting a competent claim to the court.

A legal specialist not only explains all procedural details but also helps prepare a statement of claim that fully complies with the law — significantly increasing the chances of a favorable outcome.

What Is a Statement of Claim and Why Is It Needed?

Article 175 of the Civil Procedure Code of Ukraine states that a statement of claim is an official procedural document in which the plaintiff outlines their demands regarding the subject of the dispute and their justification.

The statement of claim is a key legal instrument for exercising the right to judicial protection. It allows a person to apply to a competent court to restore violated rights, resolve disputes, and obtain a legally binding decision.

The plaintiff formulates their demands to the defendant, describes the circumstances of the case in detail, and presents evidence to support the legitimacy of their position.

Submitting a statement of claim is the starting point for a judicial review, during which the court evaluates the case under established procedural norms.

The court’s ruling, based on the claim, carries legal force and is binding for all parties.

Thus, a statement of claim is an essential legal tool ensuring access to justice and protection of rights and interests of individuals and organizations.

Key Functions of a Statement of Claim

The statement of claim performs several critical functions in civil litigation. Filing it initiates court proceedings and activates the judicial process.

The primary function is to protect the plaintiff’s violated or disputed legal rights and interests.

It allows the plaintiff to obtain a legally binding court decision.

Thus, a statement of claim is an important mechanism for legal protection through court proceedings.

When Is a Statement of Claim Required?

You should submit a claim when you need to defend your violated or disputed rights and interests in court. Common situations include:

• When one party fails to meet contract terms (e.g., doesn’t pay for goods/services or fails to perform on time), the other party can sue to recover the debt or enforce obligations.
• When you suffer material or moral damage (e.g., due to an accident, apartment flooding, defamation), you can file for compensation.
• Property disputes, inheritance issues, or ownership rights regarding real estate are resolved via a court claim.
• If you purchased a defective product or service, file a consumer protection claim.
• Labor disputes (e.g., unlawful dismissal, unpaid wages) also require filing a claim.
• Divorce, division of marital property, determination of children’s residence, or alimony — all require court action through a claim.
• If false information has harmed your honor, dignity, or business reputation — file a claim for protection of your rights.

Preparing to Draft a Statement of Claim

Preparing a statement of claim requires attention to detail and precision.

First, clearly define the subject of the claim — what you want to achieve in court — and the basis, meaning the legal norms and evidence supporting your case.

Next, collect thorough evidence: contracts, receipts, statements, photos, witness testimonies — everything that supports your position.

Correctly determine the jurisdiction: the court to which your claim should be submitted based on the type of case and the defendant’s place of residence. Also, confirm the payment details for the court fee.

Now draft the claim — it must be concise, clear, and contain all required elements: court name, party information, substance of the claim, demands, legal references, list of attachments, date, and signature.

Paying the court fee is mandatory. Attach the receipt to the claim.

Then submit the claim — either in person or by mail — with a copy and the payment receipt.

In complex cases, legal consultation helps avoid mistakes and improves your chance of success.

Legal Consultation Before Filing a Claim

Before drafting a statement of claim, consulting a competent legal professional is essential.

A lawyer not only helps properly format the document but also evaluates the case’s prospects — greatly improving the odds of a favorable outcome.

They will:

• Analyze the case,
• Review evidence,
• Assess the chances of winning,
• Clarify relevant legal norms,
• Warn about risks,
• Ensure correct jurisdiction is determined (a common reason for rejection).

They also help gather and format documents for court submission, ensuring the statement of claim complies with all legal requirements.

Additionally, the lawyer calculates the court fee and other costs and can represent your interests in court if personal attendance is impossible. Legal support is especially crucial in complex financial, consumer, labor, and medical disputes.

Legal assistance is an investment in a successful outcome — a well-prepared claim and professional representation raise your chances of winning.

Common Mistakes When Writing a Statement of Claim

Even with templates, people often make errors that lead to rejection or case loss.

One of the most common is incorrect jurisdiction — submitting the claim to the wrong court. For instance, a property division case must be filed at the defendant’s place of residence, not the plaintiff’s.

Other frequent mistakes:

• Incomplete or incorrect party information — missing or inaccurate names, addresses, contacts, taxpayer ID, or company registration code.
• Incorrect claim valuation — omitting or miscalculating the claim’s value or ignoring legal requirements (e.g., not including interest on a debt).
• Vague or unclear demands — poorly worded requests like “ask the court to resolve the situation.”
• Lack or insufficiency of evidence — missing required documents or submitting irrelevant or weak proof.
• Incorrect formatting — missing signature, date, or list of attachments.
• Statute of limitations exceeded — filing after the legal deadline, e.g., five years after a loan should’ve been repaid.
• Failure to attempt pretrial resolution — if the law or contract requires a pretrial step (e.g., sending a formal complaint), but it was skipped.
• Errors in referencing legal norms — citing outdated or repealed laws.
• Offensive or emotional tone — including inappropriate language, insults, or irrelevant emotional arguments.

To avoid these mistakes:

• Carefully study procedural law,
• Use sample claims but adapt them to your case,
• Gather a full set of supporting documents,
• Consult a legal expert before filing.

Consequences of Incorrectly Drafting a Statement of Claim to the Court

Improperly drafting a statement of claim can lead to serious consequences that complicate the protection of your rights in court.

First, the court may leave the statement of claim without movement, meaning the case will be suspended until the identified deficiencies are corrected. The court will issue a ruling listing the errors and set a deadline for corrections.

If the deficiencies are not corrected within the specified time, the court will return the claim. In some cases, the court may immediately return the claim — for example, if it was filed with the wrong court, the court fee was not paid, or the claim was not signed. Returning the claim means you will have to resubmit it after correcting all mistakes.

Even if the court accepts the claim for consideration, improper formatting may lead to denial of your demands. For instance, if you failed to provide sufficient evidence or incorrectly calculated the claim amount, the court may find your demands unjustified.

Mistakes in the claim can also delay the process, as the court will spend time addressing these issues, leading to additional expenses and inconvenience. In some cases, you may even lose the right to legal protection if the statute of limitations expires.

To avoid these negative consequences, it is strongly recommended to thoroughly study the procedural requirements, use templates adapted to your situation, gather a full set of supporting documents, and consult a lawyer before filing.

Structure of a Statement of Claim: How to Draft It Properly

Drafting a statement of claim is not just a formality, but a critical stage in protecting your rights in court.

The outcome of the case largely depends on how competently and thoroughly this document is written.

The claim must not only comply with strict procedural rules but also clearly, consistently, and convincingly present your position.

What Should Be Included in a Statement of Claim?

Before drafting the claim, it is important to note that in 2017, significant changes were made to Ukraine’s Civil Procedure Code (CPC), which affected key aspects of court proceedings.

Specifically, the rules for determining jurisdiction, the timing and grounds for appealing court decisions, court fee amounts, grounds for recusal of judges, and the procedure for returning claims were all revised.

Additionally, filing a claim in court can occur under different types of proceedings, each with its own features:

• Special proceedings (regulated by Articles 19 and 293 of the Civil Procedure Code of Ukraine);
• Claim proceedings, which include simplified (Articles 19, 274, 276 CPC) and general procedures;
• Order-based proceedings (regulated by Articles 160 and 161 CPC).

It’s important to understand that the term “statement of claim” applies only within claim-based proceedings. In other cases, different types of applications with specific forms and contents are used.

The full list of amendments made to the CPC in 2017–2018 is available in the Law of Ukraine dated 03.10.2017 No. 2147-19.

Attention to these changes is crucial as they can significantly impact court procedure and outcomes.

Main Components of a Statement of Claim

A statement of claim consists of four main parts:

• Header
• Descriptive section
• Reasoning section
• Operative (final) section

Header

The header of the claim must include:

• Court name

This line should state the full official name of the court you are applying to.

For example: “To the Oktyabrsky District Court of Kharkiv.”

It is very important to indicate the correct court name, as the claim must be filed in a court with jurisdiction over your case. To determine the appropriate court, you can use the official website of the Judicial Authority of Ukraine (court.gov.ua).

• Parties of the case

Plaintiff:

For individuals:

• Full name (no abbreviations)
• Registered address (as per passport)
• Actual residence address (if different)
• Contact phone number
• Email address (if available)
• Taxpayer Identification Number (TIN), if known

For legal entities:

• Full legal name of the organization
• Legal address
• Actual address
• Contact phone number
• Email address
• EDRPOU (Unified State Register of Enterprises and Organizations of Ukraine) code

Information about the defendant should be provided in the same format.

• Claim amount

The claim amount is indicated in monetary terms if the claim is subject to valuation. For example, if you demand debt recovery, the amount of the claim equals the debt amount. If the claim is non-monetary (e.g., divorce), a dash is placed in this field.

Descriptive Section

The descriptive section of the claim sets out the facts and circumstances of the case that serve as the basis for the plaintiff’s demands.

This section should provide a chronological account of events that led to the dispute, including dates, locations, times, and participants.

You should clearly describe the defendant’s actions that allegedly violated your rights or legal interests. It is important to reference the specific legal provisions that were, in your opinion, violated.

You must list and describe the evidence supporting your claims — for example, contracts, receipts, official reports, photographs, witness statements.

Also, justify your demands by explaining how the defendant’s actions infringed upon your rights.

The narrative must be logical, consistent, and clearly written, avoiding ambiguities and emotional language.

Only factual information that can be supported by evidence should be included, and references must be made to current laws relevant to your case.

Reasoning Section

The reasoning section of the statement of claim is where the plaintiff justifies their demands by referring to legal provisions and presented evidence.

This section should cite specific articles of law governing the disputed legal relationship and analyze the evidence to demonstrate how it supports the plaintiff’s claims.

If the plaintiff seeks monetary compensation, the amount of the claim should be substantiated. It is important to present the plaintiff’s legal position clearly and logically, explaining why their demands are lawful and justified.

The explanation must be logical and persuasive, using clear and precise language while avoiding ambiguity and emotional expressions.

Each statement should be supported by references to relevant legal provisions and attached evidence.

Operative Section

The operative section of the statement of claim outlines the specific relief sought from the court.

In this section, the plaintiff must clearly and precisely state what decision they are asking the court to make — for example, to order the defendant to pay a certain amount of money, terminate a contract, compel the defendant to take or refrain from certain actions.

The demands should be formulated as clearly and specifically as possible so that the court can understand exactly what the plaintiff is requesting. If monetary compensation is sought, the total amount must be broken down into its components (principal debt, interest, penalties, etc.).

The plaintiff should also specify what court expenses they request to be recovered from the defendant (court fees, legal representation costs, etc.). Each claim must be supported by relevant legal provisions and submitted evidence.

At the end of this section, the plaintiff should ask the court to fully satisfy the claim.

What Documents Must Be Attached to a Statement of Claim?

When preparing a claim, it is critical to support each assertion with evidence.

In some cases, courts may require not only a receipt for payment of the court fee but also confirmation of funds being credited to the budget. Although this requirement is legally debatable, it can be fulfilled in advance by submitting a request along with a copy of the receipt.

To calculate the claim amount and applicable court fee, refer to the Civil Procedure Code of Ukraine and the Law of Ukraine “On Court Fees.”

According to Article 177 of the CPC, the following documents should be attached to a claim. In this example, it is appropriate to include a request for simplified proceedings (Articles 19, 274, 276 of the CPC).

Thus, the list of attachments includes:

• Copies of the claim and attached documents for the defendant.
• A request for simplified proceedings.
• A copy of the loan agreement.
• A printout of telephone records.
• A copy of the demand letter dated 10.02.2020.
• A copy of the delivery confirmation.
• A copy of the pre-trial settlement proposal dated 20.02.2020.
• A copy of the delivery confirmation.
• A copy of the plaintiff’s passport and taxpayer identification code.
• The original receipt for the court fee.

Sample Statement of Claim Template:

Sample

[Name of the Court]
Address: [Court Address]

Plaintiff: [Full Name]
Address: [Plaintiff’s Address]
Phone: [Phone Number]
Email: [Email Address]

Defendant: [Full Name]
Address: [Defendant’s Address]
Phone: [Phone Number]
Email: [Email Address]

Claim Amount: [Total Amount]

Statement of Claim
regarding [Brief Description of Claim Subject]

Descriptive Section:
[Detailed description of the case, including dates, events, actions of the parties, etc.]

Reasoning Section:
[Legal provisions on which the plaintiff bases their claims]

Operative Section:
[Clearly stated demands to the court]

Attachments:

1. [List of supporting documents]
2. [Copy of contract]
3. [Copy of receipt]
4. [Copy of court fee payment receipt]
5. [Etc.]

Date: [Date of Submission]
Signature: [Plaintiff’s Signature]

Example

Oktyabrsky District Court
City of Kharkiv
11 Poltavskyi Shlyakh St.,
Kharkiv, 61052

STATEMENT OF CLAIM

Ivanov Ivan Ivanovych
Address: 10 Sumska St., Apt. 5, Kharkiv, 61000
Phone: +380501234567

Defendant:
Petrov Petro Petrovych
Address: 20 Pushkinska St., Apt. 10, Kharkiv, 61000
Phone: +380667654321

Claim Amount: 10,000 UAH

Statement of Claim
regarding debt recovery under a loan agreement

Descriptive Section:
On 01.01.2023, the plaintiff and the defendant concluded a loan agreement under which the defendant received 10,000 UAH from the plaintiff at 10% annual interest for a term of one month. The repayment date expired on 01.02.2023, but the defendant has not returned the debt to this day.

Reasoning Section:
According to Article 1046 of the Civil Code of Ukraine, under a loan agreement, one party (the lender) transfers money or other items defined by generic characteristics to the ownership of the other party (the borrower), and the borrower is obliged to return an equal amount of money or the same quantity of items of the same kind and quality.

Operative Section:
I respectfully request the court to:

1. Order the defendant to pay the plaintiff a debt of 10,000 UAH.
2. Order the defendant to pay interest for the use of another’s funds in the amount of 100 UAH.
3. Order the defendant to reimburse the plaintiff for court expenses, including the court fee.

Attachments:

1. Copy of the loan agreement.
2. Copy of the receipt.
3. Copy of the court fee payment receipt.

Date: 15.02.2023
Signature: Ivanov I.I.