Ukraine – Türkiye – Istanbul Lawyer: Enforcing Ukrainian Judgments, Divorce, Inheritance and Property Matters

Ukrainian citizens, and people who live, work or invest in Ukraine, often deal with two legal systems at once when it comes to divorce, inheritance, real estate, commercial claims or residence permits. A judgment or document is issued in Ukraine, yet the practical result is needed in Türkiye: at the land registry, the population office, the enforcement office or the migration authority. Wartime conditions can make obtaining documents and tracking deadlines even harder.

Maya Avukatlık Bürosu operates on the Anatolian side of Istanbul (Kartal). The office has no branch in Ukraine; where Ukrainian law matters arise, it cooperates with colleagues in Ukraine and with foreign law firms when necessary. The office also assists foreign clients with their matters in Türkiye. Services are provided in Turkish and English.

Ukraine – Türkiye Files: Which Questions Come First?

If a file involves both Ukraine and Türkiye, the dispute has a foreign element. In that case the work starts with three questions:

• Which country's court is competent? Jurisdiction is determined under MÖHUK and the Türkiye–Ukraine judicial assistance agreement.
• Which country's law applies? Conflict rules such as MÖHUK Art. 14 for divorce and Art. 20 for inheritance come into play.
• Can the decision or document be used in the other country? Recognition, enforcement, apostille and sworn translation requirements matter here.

Martial law has been in force in Ukraine since 24 February 2022. This may create practical difficulties in obtaining documents, issuing powers of attorney, serving notifications and tracking procedural deadlines. Current practice should be confirmed with the competent Ukrainian authorities and consulates.

Legal Framework: Bilateral Agreement, MÖHUK, Hague and New York Conventions

The main instruments that may apply on the Ukraine–Türkiye line are:

• Judicial assistance and cooperation agreement: A bilateral agreement on judicial assistance and cooperation in legal matters between Türkiye and Ukraine has been in force since 2004. Besides assistance matters such as service of documents and taking of evidence, it includes provisions on recognition and enforcement of judgments and certain jurisdiction and applicable-law rules on family and inheritance matters. The result on a specific article is determined by reviewing the agreement text against the file.
• MÖHUK No. 5718: Jurisdiction, applicable law and the recognition and enforcement of foreign court judgments (Arts. 50-59) are regulated in this Act.
• 1961 Hague Apostille Convention: Türkiye and Ukraine are both contracting states. An apostille on Ukrainian official documents makes their use in Türkiye easier.
• 1980 Hague Child Abduction Convention: Applies between Türkiye and Ukraine since 1 April 2008.
• 1958 New York Convention: Both countries are parties for the recognition and enforcement of foreign arbitral awards.

Recognition and Enforcement of Ukrainian Judgments in Türkiye

A decision from a Ukrainian court does not produce effects in Türkiye automatically, even if it is final. A recognition or enforcement decision must be obtained from the competent Turkish court. This process is regulated in Articles 50 to 59 of MÖHUK No. 5718. The judicial assistance agreement between Türkiye and Ukraine is also taken into account.

The Difference Between Recognition and Enforcement

• Recognition: The judgment is accepted in Türkiye as res judicata or conclusive evidence. For example, a divorce granted in Ukraine is also treated as valid in Türkiye.
• Enforcement (tenfiz): The judgment becomes enforceable in Türkiye. For example, an alimony or monetary award can be pursued before the enforcement office.
• When an enforcement decision is issued, the judgment is also deemed recognised.
• The Turkish court does not re-examine the merits of the Ukrainian judgment; it only checks whether the recognition and enforcement requirements are met.

Competent Court

• In enforcement cases, the competent court is in principle the civil court of first instance (MÖHUK Art. 51). For judgments on family law matters, the family court is competent.
• Territorial jurisdiction lies in principle with the court where the other party is domiciled or resides in Türkiye. If there is no domicile in Türkiye, the courts of Ankara, Istanbul or Izmir may come into play.
• Anyone with a legal interest in the enforcement of the judgment may apply by petition (MÖHUK Art. 52).

Enforcement Requirements (MÖHUK Arts. 50 and 54)

• The judgment must have been rendered by a Ukrainian court in a private law dispute.
• The judgment must be final under the law of the place where it was rendered.
• Reciprocity must exist; the Türkiye–Ukraine bilateral agreement is taken into account in this review. This requirement is not sought for recognition requests (MÖHUK Art. 58).
• The subject matter must not fall within the exclusive jurisdiction of Turkish courts.
• The judgment must not be manifestly contrary to Turkish public policy.
• The other party's right of defence must have been respected, meaning they were duly summoned or represented.

Required Documents

• A full and certified copy of the judgment
• A document or annotation showing finality
• An apostille on the documents (the certification provisions of the bilateral agreement are checked separately)
• A sworn translation
• A power of attorney and the parties' identification details
• The other party's address in Türkiye and notification details

The duration of the case varies with the court's workload, the notification process and any objections. A fixed duration cannot be predicted; the timeline and the document list should be confirmed after reviewing the file.

Enforcement of a Ukrainian Judgment in Türkiye: The Process

Practice Areas of Maya Avukatlık Bürosu on the Ukraine – Türkiye Line

Maya Avukatlık Bürosu provides legal support in the following areas on the Ukraine–Türkiye line:

Ukraine – Türkiye Legal Relations: 17 Common Issues

1. Managing Ukrainian and Turkish Proceedings Under MÖHUK

The Turkish Private International Law Act No. 5718 (MÖHUK) determines which court has jurisdiction, which law applies and whether foreign judgments can be recognised and enforced. On the Türkiye–Ukraine line the bilateral judicial assistance agreement is added to this. Every file starts with three questions: Which country's court is competent? Which country's law applies? Can the decision or document be used in the other country?

2. Divorce of Ukrainian Spouses in Türkiye

Divorce cases of foreign spouses can be heard by Turkish courts where the jurisdiction requirements are met. Under MÖHUK Art. 14, the grounds and effects of divorce are governed by the spouses' common national law; if there is none, by the law of their common habitual residence; and failing that, by Turkish law. For two Ukrainian spouses Ukrainian law may therefore come into play, subject to Turkish public policy.

3. Recognition of a Ukrainian Divorce in Türkiye

For a final Ukrainian divorce judgment to be reflected in the Turkish population register, a recognition step is required. In Ukraine, divorce can in certain cases also be obtained administratively through the civil status registry office (RACS). How such administrative divorce documents are processed in Türkiye is assessed separately, depending on the nature of the document.

4. Alimony, Custody and Matrimonial Property

Recognition confirms that the marriage has ended. Enforceable parts of a judgment, such as alimony, custody, compensation and matrimonial property, require enforcement (tenfiz). The Turkish court does not re-examine the merits, but it may review the decision in terms of public policy and the best interests of the child.

5. International Child Abduction (1980 Hague Convention)

The Hague Child Abduction Convention has applied between Türkiye and Ukraine since 1 April 2008. It provides a return procedure where a child under 16 has been wrongfully removed or retained. Filing within one year of the wrongful removal matters for the return decision, and the Convention also contains exceptions that may prevent return.

6. Inheritance: Which Law Applies?

Under MÖHUK Art. 20, inheritance is in principle governed by the deceased's national law. For immovable property located in Türkiye, Turkish law applies. A Ukrainian citizen who owns real estate in Türkiye may therefore be subject to two legal systems at the same time.

7. Certificate of Inheritance and Land Registry Transfers

Property in Türkiye may require a certificate of inheritance (Turkish Civil Code Art. 598) and a land registry transfer. Death and kinship documents issued in Ukraine are checked for apostille and sworn translation requirements. The Civil Code provides a three-month period for renouncing an inheritance (Art. 606); its starting point and application must be assessed in the specific case.

8. Acquiring Real Estate in Türkiye

Foreign nationals may acquire real estate in Türkiye, subject to the restrictions in Land Registry Law Art. 35, such as military zones and district-based and per-person limits. Preliminary sales contracts, annulment of title deed and registration claims, and construction contract disputes are frequent issues. The title deed record and zoning status should be reviewed before any purchase.

9. Citizenship Through Real Estate Investment

Under the regulation, a foreign national who acquires real estate worth at least USD 400,000 may apply for Turkish citizenship under certain conditions, and a three-year restriction on sale is annotated on the title deed. The valuation report, payment and application steps are strictly formal. Conditions may change, so the current rules should be verified before any transaction.

10. Residence Permits and Status Problems

Ukrainian citizens can generally enter Türkiye visa-free for up to 90 days within a 180-day period. Longer stays require a residence permit under the Law on Foreigners and International Protection No. 6458. Application, extension, cancellation and objection stages each follow different rules, and current practice should be confirmed with the migration authority.

11. Objecting to Deportation and Entry Ban Decisions

The period to challenge a deportation decision before the administrative court is short. An entry ban is a separate administrative act and is assessed separately. The grounds for objection depend on the basis of the decision, the person's family ties and legal status in Türkiye.

12. Work Permits and Employment Disputes

Foreign nationals' work in Türkiye is subject to a work permit under the International Labour Force Law No. 6735. Unauthorised work may lead to administrative sanctions for both worker and employer. Termination, employee receivables and reinstatement claims are handled under Turkish labour law.

13. Company Formation and Foreign Investment

Under the Foreign Direct Investment Law No. 4875, foreign investors are in principle treated like Turkish investors. Company type, capital, tax registration and bank account steps should be planned together. The governing law and competent court should also be specified in partnership and share transfer agreements.

14. Commercial Claims and Contract Disputes

In contracts with Ukrainian parties, jurisdiction and governing law clauses shape the course of a dispute. A claim can be collected in Türkiye through enforcement proceedings or a lawsuit, and the location of the debtor's assets matters. If a Ukrainian judgment is to be applied in Türkiye, the enforcement route is used.

15. Enforcement of Foreign Arbitral Awards

Applying arbitral awards rendered in Ukraine in Türkiye is assessed under the 1958 New York Convention and MÖHUK Art. 60. Enforcement of an arbitral award may be subject to conditions different from those for court judgments. The arbitration agreement, notification and public policy review are the main points.

16. Rights of Foreign Suspects and Defendants

In criminal investigations and prosecutions, a foreign suspect or defendant is entitled to an interpreter if they do not understand the language (Criminal Procedure Code Art. 202) and may request defence counsel. Article 36 of the 1963 Vienna Convention on Consular Relations also gives the right to have one's consulate notified.

17. Documents, Apostille, Sworn Translation and Powers of Attorney

Official documents issued in Ukraine usually need an apostille, a sworn translation for use in Türkiye and, where required, notarial certification. The formal requirements of a power of attorney issued abroad are checked separately. Whether the document certification provisions of the bilateral agreement apply to a specific document is also examined case by case.

How Does the Process Work When You Send Your File?

Maya Avukatlık Bürosu is located on the Anatolian side of Istanbul (Kartal) and has no office in Ukraine. Files of clients in Kartal, Pendik, Maltepe, Kadıköy, Ataşehir and neighbouring districts, as well as those of people applying from abroad, can also be reviewed electronically. Services are provided in Turkish and English.

Frequently Asked Questions