The matters listed below are provided for illustrative purposes only and are based entirely on publicly available information. No confidential or client‑specific details are disclosed. The examples are intended to demonstrate areas of expertise and experience and do not constitute a guarantee of success or an offer of legal services.
Pursuant to a cassation appeal filed by attorney Serhii Pavlov (Managing Partner of the Attorney Association „Law Firm SeP&P“), the court decision on non-reciprocity in international law was overturned, and working-level negotiations were held between the Ministry of Foreign Affairs of Ukraine and the Ministry of Justice of Canada regarding the conclusion of an intergovernmental treaty on cooperation between the two countries in civil matters.
In the civil case No. 127/10583/17, the Civil Cassation Court of the Supreme Court granted the cassation appeal of attorney Serhii Pavlov and annulled the judicial act that violated the principle of reciprocity in private international law. Pursuant to Part Two of Article 11 of the Law of Ukraine “On Private International Law,” the application of the law of a foreign state depends on the principle of reciprocity, which is presumed to exist unless proven otherwise. This principle of private international law has a “mirror” normative reflection in all foreign countries in accordance with the provisions of international law, including in Canada.
In practice, a legally accepted “act of non-reciprocity” has not had any analogues in Ukrainian case law since the country’s independence. Such an act was established by the ruling of the Vinnytsia City Court of Vinnytsia Oblast dated May 23, 2017 (http://reyestr.court.gov.ua/Review/66721554), and confirmed by the resolution of the Vinnytsia Oblast Court of Appeal on June 20, 2017 (http://reyestr.court.gov.ua/Review/67330799) in civil case No. 127/10583/17, which entered into legal force.
In judicial practice and diplomatic relations between Ukraine and Canada on matters of cooperation in the field of private international law, and in the absence of appropriate treaties on mutual legal assistance, this means that the above-mentioned “presumption of reciprocity” is annulled by Ukrainian court rulings, thereby establishing precedent.
As a result, Canada, as the opposing party in international legal relations, may at any time -in similar circumstances and within its own national judicial system – invoke the “Ukrainian act of non-reciprocity,” which would lead to widespread, significant, and systematic violations of the rights of Ukrainian citizens to access justice in Canada.
According to publicly available statistical data, approximately two million Ukrainian nationals reside in Canada. Therefore, the application by Canada of the “Ukrainian act of non-reciprocity” would have adverse consequences not only for Ukrainian citizens but also for Ukraine’s international public relations and legal reputation.
On October 31, 2018, the Supreme Court of Ukraine fully granted the cassation appeal filed by attorney Serhii Serhiiovych Pavlov and overturned the court decisions which, in the name of Ukraine, had established an “act of non-reciprocity by Ukraine with respect to Canada” (access: http://reyestr.court.gov.ua/Review/77763384).
According to a statement by Deputy Minister of Justice of Ukraine Serhii Ihorovych Petukhov, these developments initiated and formed the basis of diplomatic working consultations between the Embassy of Ukraine in Canada and the Ministry of Justice of Canada regarding the conclusion of a bilateral treaty on mutual legal assistance. During these consultations, the High Contracting Parties exchanged notes, in which the Canadian side confirmed that its position remained unchanged.
As a result of these consultations, Deputy Minister of Foreign Affairs of Ukraine Vasyl Myronovych Bondar informed the Administration of the President of Ukraine and attorney Serhii Pavlov of the law firm „SeP&P“ that one of the reasons for Canada’s position is its federal structure, which results in the absence of a unified national practice for the recognition and enforcement of foreign court judgments. Each province handles such matters according to its own legal framework.
The Ukrainian Canadian Congress (Winnipeg, Canada) drew attention to the issue, expressed concern regarding the judicial precedent of “Ukraine’s non-reciprocity toward Canada,” joined the negotiation process, and later confirmed the impossibility of concluding a bilateral treaty on mutual legal assistance due to the absence of internal Canadian dialogue among the provinces on this matter.
At the same time, Deputy Minister of Justice of Ukraine Serhii Ihorovych Petukhov reported that, in order to prevent the emergence of similar “acts of non-reciprocity,” the Ministry of Justice has developed a draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of International Judicial Cooperation” (Reg. No. 9399), which is currently under consideration by the Verkhovna Rada of Ukraine.
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The matters listed are provided for illustrative purposes only and are based on publicly available information. No confidential or client‑specific details are disclosed. The examples do not constitute a guarantee of success or an offer of legal services. All information is presented in compliance with applicable professional rules.
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