Legal transformations of business disputes in post-Soviet Ukraine
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Date
2011
Authors
Kyselova, Tatiana
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Abstract
This paper explores mobilisation of law by Ukrainian business people at the prelitigation
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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Citation
Kyselova T. Legal transformations of business disputes in post-Soviet Ukraine / Tatiana Kyselova // Oñati Socio-Legal Series. - 2011. - v. 1, n. 6. - S. 1-20.