THE TERMS OF APPEAL AGAINST THE DECISION OF THE INVESTIGATING JUDGE

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THE TERMS OF APPEAL AGAINST THE DECISION OF THE INVESTIGATING JUDGE

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 The Supreme Court’s cassation Criminal Court, in case no. 760/12179/16-k, concluded that the rule of law on calculating the time limit for appellate appeals against a decision of an investigating judge was applied.

 The decision of November 4 stated the following conclusion: the content of para. 2 h. 3 tbsp. 395 of the CPC of Ukraine, if the decision of the investigating judge is issued without calling the person of interest to whom it concerns and which appeals to it, then the term of appeal for such person should be calculated from the day of receiving a copy of the court decision, regardless of the availability of other sources of information about the decision.

 According to the rule being analyzed, if the court or investigative judge’s order was rendered without calling the person challenging it, or if the sentence was passed without calling the person challenging it, then the term of the appeal against that person shall be calculated from the day the copy of the court is received by him. decision.

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