Legal transformations of business disputes in the post-Soviet Ukraine

Authors

  • Tatiana Kyselova National University Kyiv-Mohyla Academy, Ukraine

Keywords:

Transformative Dispute, Naming, Blaming, Claiming, Contractual Relationship, Contract-breach

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.

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Author Biography

Tatiana Kyselova, National University Kyiv-Mohyla Academy, Ukraine

Associate Professor, National University Kyiv-Mohyla Academy, Ukraine; doctoral candidate Centre for Socio-Legal Studies, University of Oxford

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Published

09-07-2012

How to Cite

Kyselova, T. (2012) “Legal transformations of business disputes in the post-Soviet Ukraine”, Oñati Socio-Legal Series, 1(6). Available at: https://opo.iisj.net/index.php/osls/article/view/55 (Accessed: 19 April 2024).

Issue

Vol. 1 No. 6 (2011): Current Socio-Legal Perspectives on Dispute Resolution

Section

Thematic Articles

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