Statement of Defence in Ukraine: Time Limits • DSA GROUP

If a court has opened proceedings on a claim against you, the ruling will set a time limit for your statement of defence. It is the defendant’s main document: in it you set out your objections and submit evidence. If you do not file it on time, the court will decide the case on the materials available – without your arguments. Below are the rules of the Civil Procedure Code of Ukraine (CPC) as of 27 October 2026, a template structure, the response to the statement of defence and objections, and the differences in commercial and administrative proceedings.

What a statement of defence is and what other documents the parties file

The CPC defines the statements on the merits of the case: statement of claim, statement of defence, response to the statement of defence, objections and explanations of a third party (part 2 of Article 174 CPC). Participants set out their claims, objections and arguments in writing in these statements (part 1 of Article 174).
“In the statement of defence, the defendant sets out objections to the claim” (part 1 of Article 178 CPC). It is signed by the defendant or their representative (part 2).
Filing statements on the merits is a right, not an obligation (part 4 of Article 174). But without a statement of defence the court will decide the case on the materials available (part 8 of Article 178).

Time limit for the statement of defence

General claim procedure. The court sets the time limit in the ruling opening proceedings; it cannot be less than fifteen days from service of the ruling (part 7 of Article 178 CPC).
Simplified procedure. The statement of defence is filed within 15 days of service of the ruling opening proceedings (part 1 of Article 278 CPC).
Running out of time?
- a time limit set by the court may be extended on an application filed before it expires, or on the court’s own initiative (part 2 of Article 127 CPC);
- a missed time limit set by law is renewed by the court if it finds the reasons valid; the statement of defence itself is filed together with the application for renewal (parts 1 and 4 of Article 127).
Consequences of missing it. The right to take a procedural step is lost when the time limit expires, and documents filed afterwards are left without consideration, except in cases provided for by the CPC (Article 126). If there is no statement of defence without good reason, the court decides the case on the materials available (part 8 of Article 178, part 2 of Article 191 CPC). The court may do the same if the statement was filed by a person who is obliged to have an electronic cabinet but has not registered one without good reason (part 9 of Article 178).

What the statement of defence must contain

Under part 3 of Article 178 CPC, the statement of defence must contain:

the name of the claimant and the case number;
the defendant’s details: full name or full legal name, place of residence (stay) or location, postal code, RNOKPP (if any) or EDRPOU code, phone numbers, email address (if any), and whether they have an electronic cabinet;
the claims the defendant admits – if the claim is admitted in full or in part;
the circumstances the defendant admits and the claimant’s legal assessment the defendant agrees with;
objections to the circumstances and legal grounds of the claim the defendant disagrees with – with references to evidence and legal provisions;
a list of attached documents and evidence, and of evidence that cannot be submitted with the statement of defence, with reasons;
objections to the amount of court costs claimed by the claimant (if any);
a preliminary (estimated) calculation of the defendant’s court costs.

Template structure of a statement of defence

You can use the structure below as a basis. Square brackets show the details you fill in.

Heading:
- To [name of the court]
- Case No. [____]
- Claimant: [name / legal name]
- Defendant: [full name / legal name], [address with postal code], RNOKPP / EDRPOU code [____], tel. [____], email [____], electronic cabinet: [yes / no]
Title: STATEMENT OF DEFENCE to the statement of claim of [claimant] concerning [subject matter of the claim]
Narrative part:
- what the defendant admits (claims, circumstances) – if anything;
- which circumstances and legal grounds of the claim the defendant disagrees with and why – with references to evidence and legal provisions;
- an application to apply the limitation period – if it has expired;
- objections to the amount of the claimant’s court costs;
- a preliminary calculation of the defendant’s court costs;
- evidence that cannot be submitted with the statement of defence, and the reasons.
Operative part – “I ASK THE COURT:”
- [to refuse the claim – in full or in the part you do not admit];
- to recover court costs from the claimant in favour of the defendant.
Attachments: evidence; documents confirming that copies were sent to the other participants; a document confirming the representative’s authority.
Date and signature of the defendant or representative.

Evidence and copies for other participants

Evidence is submitted together with the statement of defence (part 3 of Article 83 CPC); evidence submitted later without good reason will not be admitted (part 8 of Article 83). If evidence cannot be submitted on time for objective reasons, inform the court in writing: what the evidence is, why it cannot be submitted and what you have done to obtain it (part 4 of Article 83).
A copy of the statement of defence with attachments is sent to the other participants at the same time as it is filed with the court (part 4 of Article 178 CPC). Attach evidence supporting your objections, if the claimant has not submitted it, and documents confirming that copies were sent (part 5); if a representative signed the statement – a document confirming their authority (part 6).
Through the electronic cabinet, copies are sent to the other participants’ electronic cabinets or, if they have none, by letter with a list of enclosures (part 7 of Article 43 CPC).

What to raise in the statement of defence

Expiry of the limitation period. The court applies the limitation period only on the application of a party made before the judgment (part 3 of Article 267 of the Civil Code of Ukraine); expiry of the limitation period, once invoked, is a ground for refusing the claim (part 4).
Objections to the claimant’s legal fees. If the fees are disproportionate to the complexity of the case, the time spent, the scope of work or the value of the claim, the court may reduce them – but only on the motion of the other party (parts 4–5 of Article 137 CPC). The party seeking the reduction must prove the disproportion (part 6).
Admitting the claim, if the claims are justified. This can be done in the statement of defence (part 1 of Article 206 CPC). If the defendant admits the claim before the hearing on the merits begins, the court decides on refunding 50% of the court fee to the claimant, or 60% after mediation (part 1 of Article 142 CPC); this reduces the court costs in the case.
In the simplified procedure – a motion to hear the case at a court hearing with notice to the parties: the defendant files it within the time limit for the statement of defence (part 7 of Article 279 CPC). Without such a motion, the court will decide the case without notifying the parties, on the materials available (part 5 of Article 279).

Counterclaim

A counterclaim is filed within the time limit for the statement of defence (part 1 of Article 193 CPC). The court accepts it for joint consideration if the claims are interrelated and joint consideration is appropriate – in particular, where they arise from the same legal relationship or where granting the counterclaim may exclude granting the original claim in whole or in part (part 2).
If the case was being heard under the simplified procedure, the court switches to the general procedure (part 4 of Article 193).
A counterclaim is a claim: court fee is paid on general terms (part 6 of Article 6 of the Law of Ukraine “On Court Fee”). Requirements for a claim are covered in our article “Statement of claim”. That law sets no fee for a statement of defence, a response to it or objections.

Response to the statement of defence and objections

After the statement of defence, the claimant may file a response to it – with explanations and arguments on the defendant’s objections (part 1 of Article 179 CPC), and the defendant may file objections to the response (part 1 of Article 180 CPC). The time limits for both are set by the court (part 4 of Article 179, part 4 of Article 180 CPC). How to prepare a response, what to include and whether new evidence may be added is explained in our article “Response to a Statement of Defence in Ukraine: Time Limit, Content and a Template”.

Commercial and administrative proceedings: the differences

CommPC:
- the content of the statement of defence is the same as under the CPC (part 3 of Article 165 CommPC);
- an important difference: if the statement of defence does not indicate that the defendant disagrees with a particular circumstance of the claim, the defendant loses the right to dispute it at the hearing on the merits – unless the disagreement follows from evidence attached to the statement of defence or the defendant proves that they did not object for reasons beyond their control (part 4 of Article 165 CommPC);
- time limit – not less than 15 days from service of the ruling (part 8 of Article 165), in the simplified procedure – 15 days (part 1 of Article 251 CommPC);
- a counterclaim must meet the requirements for a statement of claim, including sending copies to the other participants (part 4 of Article 180 CommPC).
CAP:
- in cases on the unlawfulness of decisions, actions or inaction of a public authority, the defendant bears the burden of proving their lawfulness and must submit to the court all documents and materials it has (part 2 of Article 77 CAP);
- content of the statement of defence – part 2 of Article 162 CAP; time limit – not less than 15 days from service of the ruling (part 5), in the simplified procedure – 15 days (part 1 of Article 261 CAP);
- only a defendant that is not a public authority may file a counterclaim (part 1 of Article 177 CAP).

Common mistakes

the statement of defence is filed late without an application to extend or renew the time limit (Articles 126 and 127 CPC);
objections without evidence or references to legal provisions (item 5 of part 3 of Article 178 CPC);
evidence put off “until later” (part 8 of Article 83 CPC);
expiry of the limitation period is not invoked (part 3 of Article 267 of the Civil Code);
copies are not sent to the other participants or proof of sending is not attached (parts 4–5 of Article 178 CPC);
in a commercial case, the statement of defence does not state disagreement with particular circumstances of the claim (part 4 of Article 165 CommPC).

Frequently asked questions

What happens if I do not file a statement of defence?

If there is no statement of defence without good reason, the court will decide the case on the materials available (part 8 of Article 178 CPC) – that is, without your objections and evidence.

Can a statement of defence be filed after the time limit?

A time limit set by the court is extended on an application filed before it expires (part 2 of Article 127 CPC). A missed time limit set by law (for example, 15 days in the simplified procedure) is renewed by the court if there are valid reasons – the statement of defence is filed together with the application for renewal (parts 1 and 4 of Article 127). So do not wait until the last day.

Is a court fee payable for a statement of defence?

No. The Law of Ukraine “On Court Fee” sets no fee for a statement of defence, a response to it or objections. A fee is payable for a counterclaim – on general terms (part 6 of Article 6 of the Law).

This article is for information only and reflects the law as of 27 October 2026. It does not replace advice on your specific situation.

Has a claim been filed against you? A lawyer will assess the claim, prepare the statement of defence and evidence on time and represent you in court → Civil and commercial disputes · Debt recovery · Family law · Administrative disputes. How to draft a claim – in our article “Statement of claim”; what to do if the decision goes against you – in “How to appeal a court decision”.