CALCULATION OF THE TERM OF APPEAL. THE SUPREME COURT GIVES EXPLANATION

 Applying the procedure for calculating the term of appeal from the moment of the announcement of the court decision is a violation of the plaintiff's rights to appeal, if he was not present at the time of this announcement and learned of the court decision only after receiving it.

 This conclusion was reached by the Supreme Court as part of the panel of judges of the Joint Chamber of the Court of Cassation, considering the cassation appeal against the decision of the Court of Appeal, which denied the plaintiff the opening of the appeal proceedings. The Court of Appeal found that the appeal was filed with the omission of the ten-day period provided for in Art. 286 CAS of Ukraine, and stated in the statement of the plaintiff the grounds for renewal of the missed period was considered inadmissible.

 The plaintiff stated that he did not participate directly or through his legal representative in the case and was not present at the time of the ruling on the case on January 10, 2019. He received the full text of the decision on January 25, 2019, followed by February 1, 2019 within the 10-day time limit set in Part 4 of Art. 286 CAS of Ukraine, appealed against this decision on appeal. The plaintiff requested the revocation of the court of appeal to refuse to open the appeal proceedings, and to refer the case to this court for further consideration.

 The Supreme Court upheld the appeal, substantiating its position as follows. In this case, which is a case concerning a decision of a power subject to administrative liability, the plaintiff, on February 1, 2019, filed an appeal against the court decision of January 10, 2019, a copy of which he received on January 25, 2019.

 Article 286 of the CAS of Ukraine is a special rule of procedural law, which determines the peculiarities of proceedings in cases concerning decisions, actions or omissions of the subjects of power to bring to administrative responsibility. Part 4 of this article establishes special provisions for Art. 295 CAS of the period of appeal (within ten days) and the procedure for calculating this period (from the date of pronouncement of the court decision).

 At the same time, Art. 286 CAS of Ukraine does not limit the authority of the court of appeal to renew the term of appeal on the basis of Part 3 of Art. 295 CAS of Ukraine, and, unlike the rules established by Art. 270 CAS of Ukraine, provided for by Art. 286 of the CAS of Ukraine the term of appeal is not preclusive.

 The court of first instance considered the case in the absence of the parties, and the introductory and resolutive parts were declared as a result of the trial. The plaintiff received the full text of the judgment on January 25, 2019, which is why the Court concluded that the start of the period of appeal began on January 26, 2019, pursuant to Part 1 of Art. 295 CAS of Ukraine, ie from the date of receipt of the full court decision. The appeal was filed by means of the postal service on February 1, 2019, therefore, within the ten-day period for the appeal referred to in Art. 286 CAS of Ukraine.

 In the foregoing legal regulation and the circumstances of the case, the Supreme Court found that the court of appeal had violated procedural law, which led to the issuance of an unlawful order, which hinders further proceedings.