Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Appeal against a decision of the commercial court
Who can file an appeal against a decision of the commercial court?
Filing an appeal against a decision of the commercial court is an important step if you disagree with the court’s decision. An appeal is filed with the commercial court of appeal and provides for the possibility of reviewing the situation.
The right to appeal is granted to:
- first, the participants in the case – the Plaintiff and the Defendant, respectively;
- second, third parties (who declare and do not declare independent claims) who entered the case before or during the proceedings;
- third, persons who did not participate in the case, but if the issue of their rights and legitimate interests was resolved.
What is the deadline for appealing a decision of the commercial court?
According to Article 256 of the Code of Civil Procedure of Ukraine, there are clearly established time limits for filing an appeal. It is important to remember these terms, as missing them may result in the loss of the right to further appeal. In particular, such a period is twenty days from the date of the pronouncement of the decision, ten days for a court ruling.
The start of the prescribed period occurs after the day of drawing up the full court decision (if it was pronounced in a shortened form during the court session or if the consideration of the case took place without notifying the participants) or its receipt (if the participant did not receive the full decision or ruling on the day of its pronouncement). In the second case, the person has the opportunity to renew the missed period.
Renewal of the period for filing an appeal is also possible if there are good reasons for the miss, such as:
- illness of the person, his/her close relatives;
- error of the post office in delivery;
- circumstances of force majeure (natural disaster, military actions, etc.).
If you have any questions regarding the appeal deadlines, it is recommended that you seek legal advice from a qualified attorney.
Consultation with a specialized lawyer
Preparing an appeal against a decision of a commercial court: important aspects
The preparation of the specified document is a responsible process that requires careful attention to detail and compliance with the requirements of current national legislation. The specified complaint is submitted in writing and must contain the mandatory details established by Article 258 of the Civil Procedure Code of Ukraine:
- first, the name of the judicial institution to which it is submitted;
- second, information about the applicant and other participants (full name, location, telephone and e-mail numbers);
- third, the contested court decision (the text of the document itself indicates the number and date of the contested decision, the date of its receipt);
- fourth, the grounds for filing (describe in detail what the illegality and unfoundedness of the court decision is, indicate the specific circumstances of the case, attach relevant evidence in the case);
- fifth, the complainant’s claims (indicate the relevant petitions of the person);
- finally, correctly executed annexes must be listed and attached, in particular a power of attorney, another document certifying the authority of the representative, evidence of payment of the court fee, sending copies of documents to the parties to the case, etc.
It is worth emphasizing that an appeal may be left without action or returned by the appellate court in cases provided for by the Commercial Procedure Code of Ukraine. This is possible primarily in the case of non-compliance of the appeal with the form and content set forth in Article 258 of the Code of Civil Procedure, missing the deadline for filing an appeal without good reason, failure to provide evidence of payment of the court fee in the form of a payment receipt, etc. You can learn more about typical errors in drafting an appeal by reading the article by our specialized lawyer.
Services of the lawyer “Prikhodko & Partners” for preparing an appeal against the decision of the commercial court
The law firm “Prikhodko & Partners” has many years of experience in various legal areas. Our specialists successfully represent the interests of clients, take into account the specifics of each case and develop an individual strategy for protecting the interests of clients. We also offer competitive prices for our services, which we form during an introductory consultation with each client, based on the complexity of his request, urgency and other factors.
Our services for preparing an appeal against a decision of a commercial court are as follows:
- consultation and analysis (detailed study of the decision and analysis of its validity, assessment of further prospects for protection, provision of recommendations for further actions);
- preparation of an appeal (drafting a document in accordance with the requirements of the law and based on one’s own practical experience, collection of necessary evidence);
- representation in the court of appeal and provision of explanations on behalf of the client (if necessary).
Thus, an appeal is an important mechanism for protecting the rights and interests of the participants in the process. Before filing an appeal, it is necessary to determine whether the decision of the commercial court really violates your rights, and to check whether the statutory deadlines for an appeal have been met. We advise you to seek legal assistance from a lawyer at “Prikhodko & Partners”, who will help you correctly draft and file an appeal.
Contacting us is a guarantee of your peace of mind and confidence in the correct preparation of the appeal to effectively protect your interests. To find out the cost of a lawyer’s services, fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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