Response to a Statement of Defence in Ukraine • DSA GROUP

The defendant’s statement of defence is not the last word in the case. The claimant may reply to it: accept the objections they agree with and explain why the others are unfounded. For this, the procedural codes provide a separate statement on the merits of the case – the response to the statement of defence. Below: the time limit for filing it, what to include, whether new evidence may be added, a template structure and the differences between civil, commercial and administrative proceedings. The law is stated as at 27 October 2026; how the statement of defence itself is prepared is explained in our article “Statement of Defence in Ukraine: Time Limits, Content, Template”.

What a response to a statement of defence is

The response to the statement of defence is one of the statements on the merits of the case, alongside the statement of claim, the statement of defence, objections and explanations of a third party (part 2 of Article 174 of the Civil Procedure Code of Ukraine (CPC)). Participants set out their claims, objections, arguments and considerations in writing exclusively in statements on the merits of the case (part 1 of Article 174 CPC).
In the response to the statement of defence, the claimant sets out their explanations, considerations and arguments on the objections raised by the defendant in the statement of defence and the reasons for accepting or rejecting them (part 1 of Article 179 CPC).
Filing it is not mandatory: filing statements on the merits of the case is a right of the participants (part 4 of Article 174 CPC). However, in the simplified procedure without notice to the parties, the court examines the evidence and the written explanations set out in the statements on the merits of the case (part 8 of Article 279 CPC) – in that case the response may be the claimant’s only opportunity to answer the defendant’s arguments.

Time limit

The response to the statement of defence is filed within the time limit set by the court. The court must set it so that the claimant can prepare their considerations, arguments and evidence, the other participants can receive the response in good time, and the defendant can file objections before the hearing on the merits begins (part 4 of Article 179 CPC).
In the simplified procedure, the court sets the time limit for the response in the ruling opening proceedings (part 2 of Article 278 CPC). The first court hearing is held no later than thirty days from the opening of proceedings; if the response was not filed before it for good reasons, the court may adjourn the hearing on a party’s motion to give additional time for it (part 4 of Article 279 CPC).
Running out of time? File an application to extend the time limit before it expires: a time limit set by the court may be extended by the court (part 2 of Article 127 CPC). Documents filed after a procedural time limit has expired are left without consideration, except in cases provided for by the code (part 2 of Article 126 CPC).

What to include in the response

The rules of parts 3–5 of Article 178 CPC, established for the statement of defence, apply to the response (part 3 of Article 179 CPC). Taking into account that the document is filed by the claimant, it should state:

the case number and the names of the parties (item 1 of part 3 of Article 178 CPC);
the claimant’s details: full name, registered address or place of residence (stay), postcode, EDRPOU code or individual tax number (RNOKPP), if any, means of communication, email address (if any), and whether the claimant has an electronic cabinet (item 2 of part 3 of Article 178 CPC);
the circumstances and legal assessment in the statement of defence with which the claimant agrees (item 4 of part 3 of Article 178 CPC);
objections to the circumstances and arguments in the statement of defence with which the claimant disagrees, with references to evidence and legal provisions (item 5 of part 3 of Article 178 CPC);
a list of the documents and evidence attached, and of evidence that cannot be submitted, with the reasons (item 6 of part 3 of Article 178 CPC);
objections (if any) to the amount of legal costs claimed by the defendant (by analogy with item 7 of part 3 of Article 178 CPC).

The response is signed by the claimant or their representative (part 2 of Article 179 CPC).

Copies for other participants

A copy of the response and the attached documents is sent (provided) to the other participants in the case at the same time as it is filed with the court, and documents confirming this are attached to the response (part 4 and item 2 of part 5 of Article 178, read with part 3 of Article 179 CPC).
If you file the document electronically, proof of sending it to the other participants is mandatory. It is sent to their electronic cabinets, and if a participant has no cabinet or nothing is known about one, in paper form by letter with a list of contents (part 7 of Article 43 CPC).
Advocates, notaries, public authorities, local self-government bodies and legal entities, among others, must register an electronic cabinet; for other persons this is voluntary (part 6 of Article 14 CPC).

Can new evidence be added?

The claimant must submit evidence together with the statement of claim (part 2 of Article 83 CPC). Evidence not submitted within the time limit set by law or by the court is not accepted unless the person shows that they could not submit it in time for reasons beyond their control (part 8 of Article 83 CPC).
So the response is not a way to add evidence to the claim that the claimant already had when filing it. If evidence appeared later or could not be obtained earlier, explain in the response why it was not submitted together with the claim.
If evidence has not yet been obtained, the participant notifies the court in writing which evidence cannot be submitted, why, and what steps they have taken to obtain it (part 4 of Article 83 CPC). If the court finds the reasons valid, it may set an additional time limit (part 5 of Article 83 CPC).

A response is not an amendment of the claim

The claimant may change the subject matter or grounds of the claim only by filing a written application – before the end of the preparatory hearing, and in the simplified procedure no later than five days before the first court hearing (part 3 of Article 49 CPC). The amount of the claims may be increased or reduced before the end of the preparatory hearing or before the first court hearing in the simplified procedure (item 2 of part 2 of Article 49 CPC). If the claims need to be changed after the statement of defence, file a separate application and attach proof that copies were sent to the other participants (part 5 of Article 49 CPC).

How to structure your response

Answer each objection in the statement of defence in turn rather than repeating the statement of claim: the subject of the response is the defendant’s objections (part 1 of Article 179 CPC).
For each disputed circumstance, refer to a specific piece of evidence in the case file and to the relevant legal provision.
Be careful when accepting circumstances: circumstances accepted by participants in statements on the merits of the case do not need to be proven unless the court has reasonable doubts about their accuracy or the voluntariness of the acceptance (part 1 of Article 82 CPC). The court accepts a withdrawal of such acceptance only if the party proves that it accepted the circumstances as a result of a material mistake, deception, violence, threat, difficult circumstances or collusion between its representative and the other party (part 2 of Article 82 CPC).
In the simplified procedure, the claimant may apply for the case to be heard at a court hearing with notice to the parties no later than five days after receiving the statement of defence (part 7 of Article 279 CPC).

Template structure of a response to a statement of defence

Heading: name of the court; case number; judge; the claimant – details under item 2 of part 3 of Article 178 CPC; the defendant; other participants in the case.
Title: “Response to the statement of defence”.
Introduction: “On ___ the claimant received the defendant’s statement of defence in case No. ___. This response is filed within the time limit set by the court’s ruling of ___.”
Circumstances the claimant accepts (if any).
Objections to the arguments in the statement of defence, point by point: “The defendant’s argument that ___ is unfounded because ___ (evidence: ___; legal provision: ___).”
New evidence (if any): what it is and why it was not submitted together with the claim (part 8 of Article 83 CPC).
Legal costs: objections to the amount claimed by the defendant (if any).
Request: “The claimant maintains the claims in full and asks the court to grant the claim.”
Attachments: list of evidence; documents confirming that copies were sent to the other participants; a power of attorney or an advocate’s warrant if the document is signed by a representative.
Date and signature.

What happens if you do not file a response

The code sets no separate consequences for the response like those for the statement of defence (deciding the case on the materials available – part 8 of Article 178 CPC): part 3 of Article 179 CPC extends to the response only parts 3–5 of Article 178.
But the defendant’s arguments will then remain without a written answer from the claimant. A response filed after the time limit has expired is left without consideration by the court if the time limit was not extended (part 2 of Article 126, part 2 of Article 127 CPC).

Defendant’s objections

After the response, the defendant may file objections – their explanations, considerations and arguments on the claimant’s submissions (part 1 of Article 180 CPC). The time limit for objections is set by the court (part 4 of Article 180 CPC). The CPC does not provide for a separate statement on the merits in reply to the objections, but the court may allow a participant to submit additional explanations on a particular issue if it considers this necessary (part 5 of Article 174 CPC).

Commercial and administrative proceedings: the differences

CommPC. The response to the statement of defence is governed by Article 166 of the Commercial Procedure Code of Ukraine (CommPC): content and time limit – as under the CPC. However, the CommPC extends to it the rules of parts 3–6 of Article 165, including part 4: a defendant who did not indicate in the statement of defence that they disagree with a circumstance of the claim loses the right to dispute it at the hearing on the merits (part 3 of Article 166, part 4 of Article 165 CommPC). The code does not specify how exactly this rule applies to the claimant, so in a commercial case it is safer to name expressly in the response every circumstance in the statement of defence with which the claimant disagrees. In the simplified procedure, the time limit is set in the ruling opening proceedings (part 2 of Article 251 CommPC); the hearing may be adjourned to allow the response to be filed under part 4 of Article 252 CommPC.
CAP. The response to the statement of defence is governed by Article 163 of the Code of Administrative Procedure of Ukraine (CAP); the rules of parts 2–4 of Article 162 CAP (content, copies, evidence) apply to it. The time limit is set by the court (part 3 of Article 163 CAP), in the simplified procedure – in the ruling opening proceedings (part 2 of Article 261 CAP); adjournment to allow the response to be filed – part 4 of Article 262 CAP.
Disputes with public authorities. In cases on the unlawfulness of decisions, actions or omissions of a public authority, the burden of proving their lawfulness lies on the defendant, which must submit to the court all documents and materials in its possession that may be used as evidence (part 2 of Article 77 CAP). If the authority merely disputes the claim in its statement of defence without proving the lawfulness of its decision, it is worth drawing the court’s attention to this in the response.

Common mistakes

the response is filed after the time limit without an application to extend it (part 2 of Article 126, part 2 of Article 127 CPC);
copies are not sent to the other participants or proof of sending is not attached (part 4 and item 2 of part 5 of Article 178 CPC);
evidence that the claimant already had when filing the claim is attached without explaining why (parts 2 and 8 of Article 83 CPC);
the subject matter or grounds of the claim are changed in the response instead of by a separate application (part 3 of Article 49 CPC);
circumstances relied on by the defendant are accepted carelessly (part 1 of Article 82 CPC);
the statement of claim is repeated instead of answering the specific objections in the statement of defence.

Frequently asked questions

Is it mandatory to file a response to the statement of defence?

No, filing statements on the merits of the case is a right of the participants (part 4 of Article 174 CPC). However, in the simplified procedure without notice to the parties, the court examines the evidence and the written explanations set out in the statements on the merits of the case (part 8 of Article 279 CPC), so without a response the claimant’s position on the defendant’s objections will not be set out.

Is a court fee payable?

No. The Law of Ukraine “On Court Fee” sets no rate for a response to a statement of defence: neither the statement of defence, nor the response to it, nor objections are mentioned in it.

The statement of defence arrived late and there is almost no time to respond. What should I do?

File an application to extend the time limit before it expires (part 2 of Article 127 CPC). In the simplified procedure, if the response was not filed before the first court hearing for good reasons, you may apply to adjourn the hearing (part 4 of Article 279 CPC).

Who files objections?

The defendant – in reply to the claimant’s arguments set out in the response to the statement of defence (part 1 of Article 180 CPC).

This article is for information only, reflects the law as at 27 October 2026 and is not a substitute for advice on your situation.

Received the defendant’s statement of defence? An advocate will analyse the objections, prepare the response and evidence in time and represent you in court → Civil and commercial disputes · Family law · Administrative disputes. How to prepare a claim is explained in our article on the statement of claim; what to do if you cannot attend a hearing – in our article on adjourning a court hearing.