Legal Transformations of Business Disputes in Post-Soviet Ukraine

20 Pages Posted: 10 Jul 2012

See all articles by Tatiana Kyselova

Tatiana Kyselova

KMA Mediation and Dialogue Research Center, National University Kyiv - Mohyla Academy

Date Written: October 31, 2011

Abstract

This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh), but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order – the ‘shadow of the law’ - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.

Keywords: Dispute transformation, mobilisation of law, ‘shadow of the law’, post-Soviet transition, Ukraine

Suggested Citation

Kyselova, Tatiana, Legal Transformations of Business Disputes in Post-Soviet Ukraine (October 31, 2011). Oñati Socio-Legal Series, Vol. 1, No. 6, 2011, Available at SSRN: https://ssrn.com/abstract=2101658

Tatiana Kyselova (Contact Author)

KMA Mediation and Dialogue Research Center, National University Kyiv - Mohyla Academy ( email )

vul. Voloska 10
04070 Kyiv, 04070
Ukraine

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