Pretenziia Dispute Resolution in Ukraine: Formal and Informal Transformation

43 Pages Posted: 13 Jun 2015 Last revised: 15 Jun 2015

See all articles by Tatiana Kyselova

Tatiana Kyselova

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

Date Written: June 12, 2015

Abstract

Pretenziia, a pre-action exchange of formal letters aimed at the settlement of disputes among businesses, used to be a prerequisite to filing a lawsuit under Soviet law. Although Ukrainian legislators have marginalized pretenziia by transforming it into a completely voluntary private dispute-resolution tool, this article — based on the findings of a five-year qualitative case study — demonstrates that Ukrainian businesses continue to use and, in fact, creatively have adjusted pretenziia to the accelerated speed of a market economy. We argue that further deregulation will damage this valuable dispute-resolution institution. Instead, it is proposed that pretenziia should be integrated into current debates on alternative dispute resolution (ADR) in Ukraine and should serve as an on-the-ground foundation to support the introduction in the Ukrainian legal fabric of mediation and other ADR mechanisms.

Keywords: alternative dispute resolution, law in action, legislative reform, pre-action requirements, pretenziia, Ukraine

Suggested Citation

Kyselova, Tatiana, Pretenziia Dispute Resolution in Ukraine: Formal and Informal Transformation (June 12, 2015). Available at SSRN: https://ssrn.com/abstract=2617819 or http://dx.doi.org/10.2139/ssrn.2617819

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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