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Pretenziia Dispute Resolution in Ukraine: Formal and Informal Transformation

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Pretenziia, a pre-action exchange of formal letters aimed at the settlement of disputes among businesses, used to be a prerequisite to filing a lawsuit under Soviet law. Although Ukrainian legislators have marginalized pretenziia by transforming it into a completely voluntary private dispute-resolution tool, this article—based on the findings of a five-year qualitative case study—demonstrates that Ukrainian businesses continue to use and, in fact, creatively have adjusted pretenziia to the accelerated speed of a market economy. We argue that further deregulation will damage this valuable dispute-resolution institution. Instead, it is proposed that pretenziia should be integrated into current debates on alternative dispute resolution (ADR) in Ukraine and should serve as an on-the-ground foundation to support the introduction in the Ukrainian legal fabric of mediation and other ADR mechanisms.

Affiliations: 1: National University of “Kyiv-Mohyla Academy”, Faculty of Law, Kyiv, Ukraine Turin University, Department of Law, Turin, Italy <tkyselova@gmail.com>

10.1163/15730352-40012000
/content/journals/10.1163/15730352-40012000
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/content/journals/10.1163/15730352-40012000
2015-05-19
2018-09-26

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