Branches of law

Appeal of court decisions and rulings in appeal and cassation

The main confirmation of the right to judicial review is the possibility of appealing and reviewing a court decision. For the parties, appealing a court decision guarantees the opportunity to defend their position and try to achieve the cancellation of a court decision that contradicts their interests by means established by law.

Appeal.

Regional Courts of Appeal, Courts of Appeal of Kyiv and Sevastopol may review court decisions made the courts of the first instance.

Participants in the case, as well as persons who did not take part in the case, if the court decided on their rights, interests, and (or) obligations, have the right to appeal against the decisions and rulings of the court of the first instance in full or in part.

An appeal against a court decision is filed within 30 days, and against a court ruling – within 15 days from the date of its proclamation.

The court may restore or extend the term at the request of the party for a valid reason.

In the appeal, the appellant indicates what violations of the norms of substantive and procedural law were committed by the court of the first instance and why the court decision is subject to change or cancellation.

Cassation appeal.

The Supreme Court reviews court decisions rendered by the courts of the first instance and the court of appeal in the cassation procedure.
Participants in the case, as well as persons who did not take part in the case, if the court decided on their rights, interests, and (or) obligations, have the right to appeal in the cassation procedure the following decisions:

  1. the decision of the court of the first instance after the appeal review of the case and the decision of the court of appeal, except for court decisions that are not subject to cassation appeal;
  2. the definitions of the court of the first instance specified in paragraphs 3, 6, 7, 15, 16, 22, 23, 27, 28, 30, 32 Part 1 of Article 353 of the Civil Procedure Code, after their review in the court of appeal;
  3. rulings of the court of appeal (procedural).

The grounds for the cassation appeal are the incorrect application by the court of the norms of substantive law or violation of the norms of procedural law.
There is a so-called “cassation filter”. It provides that the following cases are not subject to cassation appeal:

  1. decisions and rulings of the court of the first instance and decisions and rulings of the court of appeal in cases where decisions are subject to review by the Supreme Court in the appeal procedure;
  2. • court decisions in insignificant cases and in cases with the value of the claim, which does not exceed two hundred and fifty sizes of the subsistence minimum for able-bodied persons (there are some exceptions from this list, however).

A cassation appeal against a court decision is filed within 30 days from the date of its proclamation.

If only the introductory and operative part of the court decision was announced at the court session, or in the case of consideration of the case (resolution of the issue) without notification of the participants in the case, the specified period is calculated from the date of drawing up the full court decision.

The term for cassation appeal may also be renewed in case of omission for other valid reasons.

Please contact ADVA, our lawyers will advise you on the possibilities of appealing a court decision, judicial practice on the similar cases and prepare a draft appeal or cassation complaint for you.

Initial legal consultation (up to 20 minutes)
150 ₴
Legal analysis of the situation and oral consultation
400 ₴
Negotiations in the interests of the client
350 ₴
Legal analysis of the situation and written consultation
300 ₴
Draft of a document
700 ₴
Action plan in the certain situation
1000 ₴
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