Filing a cassation appeal

A cassation appeal is an extraordinary means of protecting the violated rights and legitimate interests of the participants in the legal process. It is used to appeal court decisions that have entered into force in the Supreme Court of Ukraine.

What is a cassation appeal?

Such a complaint is one of the forms of appeal to the higher court to review the decision of the lower court. This is usually the last stage of the appeal procedure. An application is usually made to a higher court to review a decision of a trial court or an appellate court on certain legal, procedural or factual grounds.

Grounds for filing a cassation appeal

In Ukraine, the grounds for submitting this document are determined by the legislation on the judicial system and judicial proceedings and the Procedural Code. The main grounds for filing a cassation appeal in Ukraine include:

1. Violation of substantive law or law. If the court decision of the first instance or appellate court violates the material right of the party or incorrectly applies the law, this may be grounds for filing a cassation appeal.
2. Violation of procedural norms. If procedural norms that were of decisive importance for the case were violated during the trial, this may also be grounds for a cassation appeal.
3. New circumstances or evidence. If, after the decision has been rendered, new factual circumstances or evidence arise that could affect the court decision, the party may file a cassation appeal with a request to consider them.
4. Defects in the decision of the lower court. If the decision of the court of first instance or the court of appeal contains defects, such as contradictions or inconsistencies between the case itself and the decision, this may be grounds for a cassation appeal.
5. The groundlessness of the decision. If the court’s decision is based on unsubstantiated or contradictory arguments, this may also be grounds for a cassation appeal.

These grounds reflect general principles, and specific details and requirements may be determined by specific legislative acts and court practice.

Terms and other legal nuances of filing a cassation appeal

1. Deadlines. A cassation appeal can be filed for a period of three months from the date of the pronouncement of the court decision by the court of appeal. For persons detained in custody, the filing deadline is three months from the moment of receiving a copy of the court decision.
2. Form. A cassation appeal is submitted in writing and must meet the requirements defined in Article 426 of the Civil Procedure Code of Ukraine.
3. Court fee. In order to file a cassation appeal, it is necessary to pay a court fee in the amount established by the current legislation.
4. Grounds for refusal to open cassation proceedings. A judge of the Supreme Court of Ukraine may refuse to open cassation proceedings if the cassation appeal:

• filed late;
• does not meet the requirements of the law;
• does not contain requirements to cancel or change the court decision;

There are also cases when a court decision is not subject to a cassation appeal.

Why is it important to get legal help?

Obtaining legal assistance when filing a cassation appeal has several key advantages:

1. Knowledge of procedural norms and requirements. An appellate lawyer understands the cassation process, including the necessary formalities, deadlines and requirements for filing an appeal.
2. Expert assessment of the case. A legal expert can objectively assess your case and advise whether there are sufficient grounds for filing a cassation appeal. He analyzes the evidence, arguments and other aspects of your case.
3. Preparation of documentation. A lawyer can help in preparing the necessary documents and arguments for a cassation appeal. It is important to take into account all requirements for the form and content of the complaint in order to avoid rejection due to formal deficiencies.
4. Representation of interests in court. A lawyer can represent your interests during the judicial review of a cassation appeal. He has experience in conducting such cases and knows how to effectively protect your rights in court.
5. Minimizing the risk of errors. With the help of a lawyer, you can avoid potential mistakes in filing a complaint that could lead to its rejection or delay. He will ensure that all deadlines are met and all requirements are met.

Participating in litigation can be very stressful and time-consuming. Obtaining legal aid will help you to reduce this burden, as a lawyer will take over the management of the case, interaction with other parties and representation in court. You will be able to approach the process more calmly, knowing that your interests are protected by a qualified specialist.

In general, obtaining legal aid in the process of filing a cassation appeal helps ensure a fair and efficient resolution of your case in the higher courts of the court system.

For consultation or calculation of the price of filing a cassation appeal, fill out the form below.