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.
Appealing a decision of a commercial court
Appealing a court decision allows the parties to correct possible errors made during the consideration of their case and achieve the desired outcome. In commercial proceedings, appeal and cassation are critically important instruments for protecting business interests. A court decision is reviewed only in cases strictly defined by law and for the purpose of ensuring a person’s right to a fair trial. To learn more, please read the article below.
Grounds for Appealing a Commercial Court Decision
Current national legislation clearly distinguishes between appeals against full court decisions and procedural rulings. Thus, in accordance with Article 255 of the Commercial Procedural Code of Ukraine, parties to a case have the right to appeal separately from the main decision those rulings that significantly affect the course of the proceedings, in particular:
- refusal to open proceedings;
- refusal to apply measures to secure a claim;
- suspension of proceedings in the case;
- granting installment enforcement, etc.
It is important to emphasize that the appellate court may review the judgment of the court of first instance both to examine new evidence in the case and to verify the legality of the court’s actions. In cassation proceedings, the Supreme Court reviews only the legality of the decision itself and the correct application of substantive and procedural law. If new circumstances arise (exceptional or newly discovered), the appellate court may refer the case back for a new consideration by the court of first instance.
What Is the Procedure for Filing a Complaint Against a Commercial Court Decision?
Appeal Procedure
In accordance with Article 253 of the Commercial Procedural Code of Ukraine, appellate commercial courts consider complaints against decisions of local courts provided that procedural deadlines are observed. The right to appeal belongs not only to the direct parties to the proceedings (claimant, defendant, third parties), but also to persons whose rights and obligations were affected by the relevant decision. The law establishes strict time limits for applying to the court — only 20 days from the date the judgment is announced in the courtroom. Appellate review begins after the appellate complaint is filed.
Cassation Procedure
Cassation is an exclusive review of the correct application of the law. The cassation court is the Supreme Court, which reviews decisions of appellate courts and rulings. According to Article 288 of the Commercial Procedural Code of Ukraine, a standard term of 20 days is established from the date of announcement of the full text of the court decision (as in the case of appeal). Both appeal and cassation require mandatory payment of a court fee (except in cases provided for by the Law of Ukraine “On Court Fees”).
Requirements for a Complaint Against a Commercial Court Decision
It should be noted that even the smallest mistake in a complaint may result in the court leaving it without movement and returning it. The Commercial Procedural Code of Ukraine provides that a properly drafted appeal or cassation complaint must include the following elements:
- introductory part — name of the court, details of the complainant and all participants;
- main part — which specific decision is being appealed, what makes it unlawful, references to new evidence and circumstances (if any), motions to request documents or perform certain actions, recalculation of court costs;
- concluding part — description of the claims, references to attachments (court fee receipt, copy of the court decision, etc.).
When Can an Appeal of a Commercial Court Decision Be Refused?
Refusal to open proceedings may occur at both the appeal and cassation stages. Below are the main situations when refusal may be issued:
- the complaint was filed after the established deadline (or without a motion to renew it);
- the complaint was filed by a person who has no right to do so;
- the complainant attempts to appeal a ruling that, by law, is not subject to separate appeal from the main court decision;
- the same court has already reviewed a complaint from the same person regarding the same decision;
- the deadline to correct deficiencies in the complaint was missed and no new document was submitted.
Legal Support for Appealing a Commercial Court Decision: What We Offer
Our company “Prikhodko & Partners,” with qualified commercial law attorneys on staff, offers a comprehensive strategy to overturn or correct a previous court judgment. Before filing a complaint, our lawyers conduct an in-depth case analysis, assess the likelihood of success, and develop an effective strategy to protect the client’s legitimate interests.
Our legal services in this context include:
- consultation at any stage;
- requesting documents from state authorities, enterprises, and institutions for the purpose of appeal;
- collecting all necessary documents for the case;
- filing the complaint and attachments through the “Electronic Court” system;
- correcting errors in previously filed appeal or cassation complaints;
- court representation throughout the entire proceedings;
- support in the enforcement of the court decision, etc.
Our lawyers will overcome complex procedural barriers and help you appeal a commercial court decision as efficiently as possible. To order a consultation and learn about the cost of legal services — please fill out the form below.
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Получили ли вы решение хозяйственного суда, с которым не согласны?
2 question
Не пропущен ли срок на подачу апелляционной или кассационной жалобы (20 дней)?
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Нужен ли вам профессиональный анализ перспектив отмены решения и подготовка полной апелляционной/кассационной жалобы?
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We have very flexible pricing, so contact us and we will discuss your specific case.
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