Pre-trial settlement of disputes

Main provisions of pre-trial settlement of a commercial dispute.

Pre-trial settlement

Prior to the judicial resolution of an economic conflict, pre-trial settlement mechanisms may be used. The procedure for filing a claim, the procedure and timing of its consideration, as well as informing the claimant of the results of its consideration, arise on the basis of an agreement between the parties or mandatory legal provisions.
The procedure for resolving economic conflicts

The procedure for resolving economic conflicts stipulates that the parties must take measures to resolve the dispute when required by law or in accordance with a prior agreement.
The claim order

Persons who have violated rights must compensate for the damage immediately, even without filing a claim or lawsuit. The claim procedure for dispute resolution is possible, but not mandatory.
Pre-trial resolution of economic conflicts

This is a consistent set of measures aimed at directly resolving disputes between businesses or organizations regarding violations of property rights and legitimate interests. This settlement process is implemented in the form of a claim settlement, which is separated from judicial participation and is not an integral part of economic proceedings.

The procedure for filing a claim

Persons who have violated the property rights or legitimate interests of other business participants are obliged to compensate for the damage without waiting for a claim to be filed or going to court.

A business entity that has suffered damage as a result of a violation of its rights or interests has the right to send a written claim to the violator, unless otherwise provided by law.

The claim must include:

Full name and mailing details of the claimant and the persons to whom the claim is addressed.
Date and number of the claim.
The circumstances that gave rise to the claim.
Evidence confirming these circumstances.
Requirements with reference to regulations.
The amount of the claim and the calculation, if it concerns monetary compensation.
Payment details of the applicant.
List of documents attached to the claim.

Documents confirming the claimant’s claims shall be attached in originals or certified copies. The claim shall be signed by an authorized person or representative of the applicant and sent to the addressee by registered or valuable mail, or delivered in person against a receipt.

The claim shall be considered within one month from the date of its receipt, unless otherwise provided by law. The recipient of the claim shall be obliged to respond to the claimant’s requirements in a reasonable manner.

During the consideration of the claim, if necessary, the parties should conduct a settlement review, expert examination or other necessary actions to ensure pre-trial settlement of the dispute.

The claimant shall be notified in writing of the results of the claim consideration. The response to the claim shall be signed by the addressee’s representative and sent to the claimant by registered or valuable mail or handed to him/her personally against receipt.

Pre-trial settlement of disputes

Unilateral amendment and termination of business contracts are prohibited, unless otherwise provided by law or the contract.

The party that considers it necessary to amend or terminate the agreement shall send a proposal to the other party.

The party that has received a proposal to amend or terminate the agreement shall, within twenty days after receipt of the proposal, notify the other party of the results of the consideration.

If the parties do not reach an agreement on the amendment (termination) of the agreement or if no response is received within the established period, taking into account the time of postal circulation, the interested party has the right to refer the dispute to the court.

In the event of a court decision to amend or terminate the agreement, it shall be deemed amended or terminated from the date of entry into force of such decision, unless a different period is specified by the court decision.

Participation of a lawyer in such cases

The procedure for handling claims and lawsuits at an enterprise, institution or organization includes a number of stages and tasks:

Object of work:

Preparation, receipt and drafting of documents for filing and consideration of claims and lawsuits.

Claim work:

Filing and reviewing claims and preparing lawsuits.
Preparation of documents for court proceedings, including responses, statements, complaints.
Protection of the company’s interests in commercial and other courts in cases of property, pre-contractual and other disputes.
Organizational and technical measures, such as registration, accounting, storage and dispatch of claims and lawsuits.
Ensuring control over the claims and lawsuits proceedings.

Analysis and evaluation of results:

Consideration, analysis and summarization of the results of claims and lawsuits.
Preparation of conclusions and proposals for improving this area of work.

Attorney’s actions:

Correct preparation of the claim, including the full name and details of the claimant, date and number of the claim, circumstances of the violation, evidence, claims, amount and calculation (if required), payment details and list of documents.
Checking the need for additional documents and ensuring that they are properly prepared and registered.
Sending a reminder letter if it is necessary to expedite the response.
Preparation of a response to the claim in case of rejection, recognition (full or partial) of the claim.

Amendment or termination of the contract:

Preparation of a proposal to amend or terminate the contract to the other party.
If the other party is represented by an attorney, preparing a response within 20 days of receipt of the proposal.

Actual fulfillment:

Recording the actual fulfillment of the claim in the claim log.

Claim work:

In case of rejection of the claim, the lawyer prepares a lawsuit in court.

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