Securing a Claim in Ukraine: Grounds, Types of Interim Measures, Application and Court Fee in 2026

While a case is pending, the defendant may sell an apartment, move money out of an account or transfer a stake in a company – and even a successful claim becomes “just paper”. To prevent this, the procedural codes provide for securing a claim: at a participant’s request, the court temporarily seizes property or funds or prohibits certain actions until the dispute is resolved. Below: when the court takes such measures, what measures exist, how to apply, what it costs in 2026 and how measures are lifted. The law is stated as at 27 October 2026.

What securing a claim is and when it is used

On a participant’s application, the court may take the measures to secure a claim provided for by the Civil Procedure Code of Ukraine (part 1 of Article 149 CPC). A claim may be secured both before it is filed and at any stage of the case if failure to take measures may significantly hinder or make impossible the enforcement of the judgment or the effective protection or restoration of the claimant’s rights or interests, and on other grounds established by law (part 2 of Article 149 CPC).

In other words, the applicant must explain and prove why, without the measure, the judgment is unlikely to be enforced – for example, the defendant has already put the property up for sale or is transferring funds to other persons.

What measures the court may take

In civil cases, a claim is secured, in particular, by (part 1 of Article 150 CPC):

• seizure (arrest) of property and/or funds that belong to the defendant or are due to be transferred or paid to the defendant and are held by the defendant or by other persons;
• a prohibition on certain actions;
• an obligation to take certain actions – only where the dispute arises from family relations;
• a prohibition on other persons taking actions concerning the subject of the dispute, making payments, transferring property to the defendant or performing other obligations towards the defendant;
• suspension of the sale of seized property where a claim has been filed for recognition of ownership of it and release from seizure;
• suspension of recovery under an enforcement document that the debtor is challenging in court;
• suspension of customs clearance of goods or items;
• other measures provided for by law and international treaties.

The court may apply several measures at once (part 2 of Article 150 CPC), but they must be proportionate to the claims (part 3 of Article 150 CPC). Measures that are in substance identical to granting the claim are not allowed where the dispute is not resolved on the merits (part 10 of Article 150 CPC).

What cannot be seized

A claim may not be secured by seizing wages, pensions, scholarships, compulsory state social insurance benefits paid for temporary incapacity, pregnancy and childbirth or childcare up to the age of three, severance pay, unemployment benefits and certain other payments and funds (part 4 of Article 150 CPC). This restriction does not apply to claims for child support (alimony), for compensation for harm caused by injury, other damage to health or the death of an individual, or for compensation for damage caused by a criminal offence. Perishable goods may not be seized either (part 5 of Article 150 CPC).

The CPC contains other restrictions too – in particular, concerning banks, the Deposit Guarantee Fund, the National Bank, public auctions and tenders, and a debtor’s property in bankruptcy proceedings (parts 6–16 of Article 150 CPC). So before applying, check that your case is not caught by a prohibition.

When and where to apply

An application to secure a claim is filed (part 1 of Article 152 CPC):

• before the claim is filed – with the court that has jurisdiction over the claim, or, if that court cannot be determined, with the court at the location of the subject of the dispute;
• together with the claim – with the court where the statement of claim is filed;
• after proceedings have been opened – with the court hearing the case.

If the application is filed before the claim, the claim must be brought within ten days of the ruling securing it, unless another period is established by law (part 4 of Article 152 CPC). Otherwise the court will lift the measures; they are also lifted if the statement of claim is returned or the opening of proceedings is refused (part 13 of Article 158 CPC). How to draft a claim properly is explained in our article on the statement of claim.

What to include in the application

The application is made in writing, signed by the applicant and must contain (part 1 of Article 151 CPC):

1. the name of the court;
2. the applicant’s details: name, place of residence or registered address, postcode, EDRPOU code or RNOKPP (if any; for Ukrainian citizens – alternatively the passport series and number), contact details, e-mail (if any), and information on whether the applicant has an electronic cabinet;
3. the subject of the claim and the reasons why the claim needs to be secured;
4. the measure to be applied, with reasons why it is necessary;
5. the value of the claim the applicant asks to secure;
6. the applicant’s proposals on counter-security;
7. other information needed to secure the claim.

If the application is filed before proceedings are opened, it must also include the details of other persons who may become participants in the case (part 2 of Article 151 CPC). Several measures may be requested, with reasons for each (part 5 of Article 151 CPC). Proof of payment of the court fee must be attached (part 6 of Article 151 CPC).

Template structure of the application

• Heading: name of the court; the applicant’s details under item 2 of part 1 of Article 151 CPC; details of the defendant and other persons; value of the claim; case number (if proceedings have been opened).
• Title: “Application to secure a claim”.
• Subject of the claim: briefly – what you are claiming and on what grounds.
• Reasons: why, without securing the claim, the judgment will be difficult or impossible to enforce (with evidence: sale listings, register extracts, correspondence), and why the chosen measure is proportionate to the claims.
• Counter-security: your proposal.
• Request: “I request that the claim be secured by seizing ___ (specific property, funds within the claim value of UAH ___).” If several measures are needed, each is set out as a separate item of the request.
• Attachments: evidence, proof of payment of the court fee, a power of attorney or an advocate’s warrant.
• Date and signature.

Court fee for the application in 2026

Rates are set as a share of the subsistence minimum for able-bodied persons as at 1 January of the year in which the application is filed (parts 1 and 2 of Article 4 of the Law of Ukraine “On Court Fee”). In 2026, this subsistence minimum is UAH 3,328 (Article 7 of the Law of Ukraine “On the State Budget of Ukraine for 2026”). So an application to secure a claim costs:

• in civil cases: an individual – 0.2 of the subsistence minimum, i.e. UAH 665.60; a legal entity or individual entrepreneur – 0.5 of the subsistence minimum, i.e. UAH 1,664;
• in a commercial court – 0.5 of the subsistence minimum, i.e. UAH 1,664;
• in an administrative court – 0.3 of the subsistence minimum, i.e. UAH 998.40.

How the court considers the application and how the ruling is enforced

• The court considers the application no later than two days after receiving it, without notifying the participants in the case (part 1 of Article 153 CPC) – the defendant learns of the measures only after they have been applied.
• The court may call the applicant for explanations or additional evidence, and in exceptional cases hold a hearing with the parties summoned (parts 3 and 4 of Article 153 CPC).
• The court may secure the claim in full or in part and issues a ruling stating the type of security and the reasons for choosing it, and deciding on counter-security (parts 6–8 of Article 153 CPC).
• The court returns an application that lacks the mandatory details, and an application from a person who is required to register an electronic cabinet but has not done so (part 10 of Article 153 CPC).
• A ruling securing the claim, or refusing to do so, may be appealed; an appeal against a ruling securing the claim does not suspend its enforcement (part 11 of Article 153 CPC).
• A ruling securing a claim is an enforcement document and is subject to immediate enforcement from the day it is issued, regardless of any appeal or the opening of enforcement proceedings (part 1 of Article 157 CPC).

Counter-security

The court may require the applicant to secure compensation for the defendant’s possible losses – this is counter-security (part 1 of Article 154 CPC). The court must apply it if the claimant has no registered place of residence or registered address in Ukraine and insufficient property in Ukraine, or if evidence shows that the claimant’s financial position or actions may hinder compensation of the defendant’s losses (part 3 of Article 154 CPC).

As a rule, the applicant deposits the amount set by the court into the court’s deposit account; if this is impossible for valid reasons, the applicant provides a bank guarantee, surety or other financial security, or takes other actions set by the court (part 4 of Article 154 CPC). The court sets the deadline for this, but it may not exceed ten days (part 8 of Article 154 CPC). If the applicant fails to comply in time, the court cancels both the security of the claim and the counter-security (part 10 of Article 154 CPC).

How measures are lifted or replaced

• The court may lift measures on its own initiative or on a reasoned request of a participant; the request is considered at a hearing no later than five days after it is received (parts 1 and 2 of Article 158 CPC).
• On a participant’s request, the court may replace one measure with another (part 1 of Article 156 CPC).
• In claims for the recovery of money and in property claims for infringement of intellectual property rights, the defendant may itself deposit the amount claimed into the court’s deposit account or provide a bank guarantee for that amount – this is a ground for refusing to secure the claim or for lifting the measures (parts 4 and 5 of Article 156 CPC).
• If the claim is granted, the measures remain in force for ninety days from the day the judgment becomes final, and if enforcement proceedings are opened during that period – until the judgment is fully enforced (parts 7 and 8 of Article 158 CPC).
• If the claim is dismissed in full, left without consideration or the proceedings are closed, the court states in its judgment or ruling that the measures are lifted; they remain in force until that judgment (ruling) becomes final (parts 9 and 10 of Article 158 CPC).

If the claim is dismissed in full or in part (or the proceedings are closed or the claim is left without consideration on grounds other than those in part 1 of Article 155 CPC), the defendant and other persons whose rights were infringed by the security are entitled to compensation for losses at the applicant’s expense. If a claim for compensation is filed within twenty days of the judgment becoming final, the losses are compensated first of all from the counter-security (Article 159 CPC).

Differences in commercial and administrative cases

Commercial cases

The grounds, the procedure for filing and the ten-day period for bringing a claim after it has been secured are the same as in civil cases (Articles 136 and 138 of the Code of Commercial Procedure of Ukraine (CommPC)). The list of measures is similar (part 1 of Article 137 CommPC), but in corporate disputes the court may not, in particular, prohibit holding general meetings of participants or shareholders and adopting resolutions – except for a prohibition on adopting specific resolutions identified by the court that directly concern the subject of the dispute (item 1 of part 5 of Article 137 CommPC). The application is considered no later than two days after it is received, without notifying the participants (part 1 of Article 140 CommPC).

Administrative cases

• The court may take measures not only on application but also on its own initiative (part 1 of Article 150 of the Code of Administrative Procedure of Ukraine (CAP)).
• In addition to the risk of the judgment not being enforced, a ground is the obvious unlawfulness of a decision, action or inaction of a public authority and the resulting infringement of the applicant’s rights (item 2 of part 2 of Article 150 CAP).
• Filing a claim and opening proceedings do not in themselves suspend the challenged decision – that requires securing the claim (part 4 of Article 150 CAP).
• The main measures are: suspension of an individual or regulatory act, a prohibition on the defendant taking certain actions, a prohibition on other persons taking actions concerning the subject of the dispute, and suspension of recovery under an enforcement document or another document under which recovery is made without dispute (part 1 of Article 151 CAP).
• If the application is filed before the claim, the claim must be filed within ten days of the ruling (part 2 of Article 153 CAP); the application is considered no later than two days after it is received, without notifying the participants (part 1 of Article 154 CAP).

Securing a claim and seizure of property in criminal proceedings

These are different tools. A claim is secured by the court in a civil, commercial or administrative case at the request of a party to the dispute. Seizure of property in criminal proceedings is decided by an investigating judge or court under the rules of the Criminal Procedure Code – see our article on seizure (arrest) of property.

Frequently asked questions

Will the defendant learn about the application in advance?

No. The application is considered without notifying the participants in the case (part 1 of Article 153 CPC), and the ruling is enforced immediately (part 1 of Article 157 CPC). Only in exceptional cases does the court hold a hearing with the parties summoned (part 4 of Article 153 CPC).

Can a debtor’s wages or pension be seized?

As a general rule – no (part 4 of Article 150 CPC). The exceptions are claims for child support, for compensation for harm caused by injury, other damage to health or death, and for compensation for damage caused by a criminal offence.

How long does the seizure last after the claim is granted?

Ninety days from the day the judgment becomes final; if enforcement proceedings are opened during that period – until the judgment is fully enforced (parts 7 and 8 of Article 158 CPC).

What if the claim is lost?

The defendant may claim compensation for losses caused by securing the claim at the applicant’s expense (part 1 of Article 159 CPC). So measures should be requested only where the risk of non-enforcement is real, and in proportion to the claims.

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

Is a debtor moving assets out of reach, or have measures been taken against you? An advocate will assess the risks, prepare an application to secure a claim or a request to lift the measures, and represent you in court → Civil and commercial disputes · Debt recovery · Real estate disputes · Division of marital property · Administrative disputes.