Appeal the decision of the court of cassation

The decision of the court of cassation is a final decision, it is not subject to appeal. However, this does not mean that it cannot be challenged. There are certain exceptions that allow review of the decision of the highest court. We will look at this in more detail below. Experts of the legal company “Prikhodko and Partners” will always help in complex legal cases.

Grounds for appeal

Significant violations of legal norms:

• Incorrect interpretation or application of legal norms:

1. Incorrect determination by the court of the legal nature of the disputed legal relationship;
2. Application by the court of a non-existent or canceled rule of law;
3. Non-application by the court of the rule of law that was subject to application;
4. Incorrect interpretation of the content of legal norms by the court.

• Failure of the court of cassation to investigate all the circumstances of the case:

1. Improper verification of evidence by the court;
2. Underestimation or overestimation of evidence by the court;
3. Failure of the court to clarify all the circumstances relevant to the case.

• Improper evaluation of evidence by the court of cassation instance:

1. Violation of the rules of evaluation of evidence by the court;
2. Unfounded conclusion of the court about the reliability or unreliability of the evidence;
3. Failure of the court to take into account all the circumstances that are important for the evaluation of the evidence.

• Making a decision that does not correspond to the factual circumstances of the case established by the court:

1. Incorrect determination of the factual circumstances of the case by the court;
2. Failure to clarify the cause-and-effect relationship between the facts by the court;
3. Inconsistency of the court’s conclusions with the actual circumstances of the case.

Discovery of new circumstances:

• New evidence that could not be submitted to the court earlier:

1. Evidence that became known after the court decision was rendered;
2. Evidence that could not be submitted to the court for valid reasons.

• Falsification of the evidence on which the court decision is based:

1. Forgery of documents;
2. Submission of knowingly false testimony to the court;
3. Other ways of falsifying evidence.

• Illegal obtaining of evidence:

1. Obtaining evidence in violation of the norms of procedural law;
2. Use of evidence obtained illegally.

Other grounds:

• Violation of the right to access to justice:

1. A person’s inability to participate in the proceedings;
2. Failure to provide the person with the opportunity to present his arguments and evidence;
3. Unreasonable failure of the court to consider the application.

• Violation of the right to a fair trial:

1. Bias of judges;
2. The impartiality of the trial;
3. Unreasonable diversion of requests of a person.

Important points

• The list of grounds for appealing the decision of the court of cassation is exhaustive.
• The decision of the court of cassation can be appealed only if one of the above grounds is present.
• The grounds for appealing the decision of the cassation court must be clearly and substantiated in the extraordinary cassation appeal.
• The extraordinary cassation appeal must be accompanied by evidence confirming the existence of grounds for appeal.

Appealing the decision of the court of cassation: why you need the help of lawyers

Appealing the decision of the court of cassation is an extremely complex and time-consuming process that requires deep knowledge of jurisprudence, experience in working with cassation appeals and understanding of the nuances of the judicial process. It is almost impossible to challenge such a decision on your own and have a chance of success.

• High level of difficulty:

The process of appealing the decision of the court of cassation is regulated by procedural codes, which contain many strict requirements for the form and content of the complaint, deadlines for its submission, attached evidence, etc. Ignorance of these requirements or their violation may lead to the rejection of the complaint.

• Specifics of the cassation appeal:

The cassation instance does not check the legality and reasonableness of court decisions on the merits, but only investigates whether the courts of previous instances committed violations of the law. Therefore, for a successful appeal, it is necessary to clearly formulate and justify exactly the violation of legal norms that affected the correctness of the decision.

• Need for experience and knowledge:

Preparing and submitting an extraordinary cassation appeal requires knowledge and understanding of the practice of the Supreme Court of Ukraine, case law, as well as the ability to correctly interpret and apply legal norms.

Legal assistance

Our lawyers, who have experience with cassation appeals, will be able to:

• Analyze the court decision and determine whether there are really grounds for appealing it;
• Formulate and substantiate grounds for appeal;
• Prepare an extraordinary cassation appeal in accordance with the requirements of the procedural law;
• Collect and add the necessary evidence to the complaint;
• Represent your interests in court.

Contacting lawyers significantly increases the chances of successfully challenging the decision of the court of cassation.

For consultation or calculation of the price of appeal of the decision of the court of cassation – fill out the form below.