Answer to the response to the appeal

In the business process, the response to the response to the appeal is an important tool by which the appellant can improve his position in court.

Normative base

The issue related to the response to the response to the appeal is regulated by the Economic Procedural Code of Ukraine, in particular, Art. 271 and other legal acts.

Appeal process

Stages of the process

1. Filing an appeal against the decision of the court of first instance.
2. Submission of response to the appeal by the participant who won the case in the court of first instance.
3. Submission of a response to a response by the appellant or other participants in the legal process.

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Powers of the appellate court

The Court of Appeal, in accordance with Part 1 of Art. 269 ​​of the Civil Procedure Code of Ukraine, examines the case according to the rules of the court of first instance, taking into account the features established by Chapter 1 of Section IV of this Code. Based on the results of the review of the appeal, the court of appeal has the right to:

• Leave the court decision unchanged, and the complaint without satisfaction.
• Cancel the court decision in whole or in part and make a new decision in the relevant part or change the decision.
• Cancel the court decision in whole or in part and close the proceedings in the case or leave the claim without consideration in the relevant part.

In addition, the appellate court has the right to adopt an additional resolution at the request of a person who is a party to the case or on its own initiative.

The right to appeal

All parties in the case can freely dispose of their right to appeal the decision of the court of first instance. They can exercise their right or not exercise it if they agree with the court’s decision. The party that filed an appeal has the right, according to Art. 100 of the Civil Code of Ukraine, to refuse it for their own reasons.

Conditions for exercising the right to appeal:

• Adherence to the established deadlines for filing an appeal (Article 93 of the Code of Civil Procedure of Ukraine).
• Submission of a complaint by a person who has the right to do so.
• Addressing a complaint against a decision that is subject to appeal in accordance with Art. 85, 88, 90 of the Code of Civil Procedure of Ukraine.

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Answer to the response to the appeal

Who has the right to submit an answer

1. The person who filed the appeal (appellant).
2. Participants in the case who did not file a response to the appeal.

The purpose of submitting an answer

• Implementation of a person’s right to protect his legal rights and interests.
• Refutation of the arguments presented in the response to the appeal.
• Providing new evidence.
• Clarification of the requirements specified in the appeal.

Submission deadlines

A response to a response can be submitted within 5 days after receiving a copy of the response to the appeal.

The form and content of the answer

The answer is submitted in writing and must contain:

1. The name of the court to which the document is submitted.
2. Data of the person submitting the document (name, place of residence).
3. Court case number.
4. The content of the issue requiring judicial review and the request of the applicant.
5. List of attached documents.

The answer must be drawn up in accordance with Art. 170 of the Civil Procedure Code of Ukraine.

Important aspects

• A copy of the response to the response and the attached documents is sent to all participants in the court case together with the response to the response to the court.
• In order to take into account the arguments provided by the court, it is necessary to submit documents on time.
• Submitting a response to a response is a right, not an obligation, of the appellant.

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Recommendations for writing an answer

1. Focus attention on the legal norms governing this issue.
2. Pay attention to the main point of the matter.
3. Competently justify your position.
4. Carefully analyze each opponent’s argument presented in the review.
5. Provide more complete evidence to support your own view.
6. Be sure to indicate violations, if any.

Compiling an effective response to a response to an appellate complaint requires a deep understanding of business procedural law and experience in conducting cases in the appellate instance. Our team of experienced lawyers is ready to provide you with qualified assistance at all stages of the appeal process. We will help you competently prepare an answer, prepare the necessary evidence and effectively represent your interests in court.

Don’t risk your rights – contact experienced lawyers today and ensure the best chance for success in your case. Call or fill out the contact form below.