Debt Collection Agency Ukraine: Wartime Enforcement & Commercial Courts
Debt Collection Agency Ukraine: Commercial Courts Under Extraordinary Circumstances
The Current Reality
Ukraine's commercial debt collection landscape has been fundamentally altered by the full-scale conflict that began in February 2022. Before the war, Ukraine's commercial court system (Hospodarskyi sud) was functional and improving — electronic filing, specialised commercial judges, and a payment order procedure (nakaz pro styahnennya) that produced enforceable titles for documented claims. That system still operates in government-controlled territory, but with significant wartime modifications.
For creditors with existing claims against Ukrainian companies, the legal framework remains relevant. But practical enforcement depends on geography, the debtor's operational status, and wartime restrictions that affect banking, asset seizure, and judicial processing.
The Legal Framework
Commercial courts (Hospodarskyi sud). Ukraine's specialised commercial courts handle B2B disputes. The Hospodarskyi protsesualnyi kodeks (Commercial Procedure Code) governs proceedings. Courts in Kyiv, Lviv, Odesa, Dnipro, and other government-controlled cities continue to operate. Electronic filing through the «Elektronnyy sud» (Electronic Court) system remains available. Courts in occupied territories are not operational.
Nakaz pro styahnennya (payment order). For documented, undisputed claims up to UAH 100,000 (threshold periodically adjusted), the commercial court issues a payment order without a hearing. The debtor has 15 days to object. This procedure continues to function in government-controlled areas.
Wartime Modifications
Moratorium on enforcement. Various wartime decrees and laws have imposed temporary moratoria on enforcement actions against certain categories of debtors and in certain regions. The scope and duration of these moratoria change frequently. Any enforcement strategy must account for the current moratorium status.
Banking restrictions. The National Bank of Ukraine (NBU) has imposed capital controls, cross-border payment restrictions, and currency conversion limitations. Repatriating recovered funds to foreign creditors requires compliance with current NBU regulations — which are updated frequently.
Practical approach. Amicable collection remains the most effective strategy for recoverable claims. Ukrainian companies that continue to operate and generate revenue can and do pay commercial obligations. Professional collection agents operating in Kyiv and western Ukrainian cities achieve results — but timelines are longer and success rates lower than pre-war levels.
Key Parameters
Statute of limitations: 3 years for commercial claims (Article 257 of the Civil Code). Wartime legislation has suspended or extended limitation periods in certain circumstances.
Currency: Ukrainian hryvnia (UAH). Capital controls and currency conversion restrictions affect recovery value for foreign creditors.
Ukraine's commercial court system remains operational in government-controlled territory, but wartime moratoria, banking restrictions, and geographic limitations require specialist guidance for any collection action.
