Preparation of a counterclaim in an economic dispute

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The right to appeal to the court in the event of an economic dispute is realized by filing not only a statement of claim, but also a counterclaim. When considering cases, judicial authorities pay attention to the compliance of the written application with legislative norms, jurisdiction, correctness of the legal position.

To win the dispute, it is necessary to take into account a lot of nuances, perfectly know the procedural legislation. If you have received a copy of the lawsuit and are a defendant in the economic process, you should first of all understand in what way your company has violated contractual or non-contractual obligations, find out whether these violations are not related to the actions or inaction of the plaintiff in the initial lawsuit.

Legal Solutions lawyers will analyze the circumstances of the case and, in case of detection of wrongdoing on the part of the counterparty, will help to draw up a counterclaim and protect your interests in court.

Specifics of judicial resolution of economic disputes

The courts of first instance in economic cases in Ukraine include local economic courts, as well as courts of general jurisdiction, which consider civil and criminal cases - district, city, district in cities. A counterclaim is filed with the same court as the primary claim.

The norms of economic law regulate relations between business entities - legal entities and FLP. Economic disputes usually concern:

• collection of debts, accrual of penalties, interest, fines;
• rights to real estate;
• reimbursement of losses, lost profits;
• conclusion, amendment, termination, invalidation of contracts of sale, lease, exchange, transportation, credit, etc. (service: License for transportation)

Counterclaim in economic cases, as in disputes governed by the rules of civil law, must meet certain conditions:

• be interrelated with the primary;
• assume the possibility of offsetting;
• in case of satisfaction exclude fully or partially satisfaction of the requirements of the primary claim.

From the withdrawal counterclaim is distinguished by the presentation of independent claims to the plaintiff in addition to objections to certain provisions of the primary claim.

The content of the counterclaim

According to the current laws, the document must contain:

1. Name of the court institution, name of the judge, case number.
2. Information about the parties (full name of the individual, name of the company, identification code, place of residence / location).
3. The value of the claim - if it is subject to monetary assessment.
4. The content of the primary statement of claim.
5. Information on which the claims of the counterclaim are based, evidence.
6. Indication of legal acts on which the claim is based.
7. List of attached documents.

The document is signed by an authorized person of the plaintiff (on a counterclaim) or a representative. Recall that since January 1, 2019, representatives in the courts of first instance can be only lawyers.

Need help in drawing up the document? Need legal counsel? Contact Legal Solutions - Preparation of a statement of claim on the economic dispute. The company's employees will provide detailed advice, if necessary, represent your interests in court.

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