Appeal against a court decision

The procedure for reviewing a court decision that has not yet entered into legal force is carried out to verify its legality and exercise the person’s right to a fair trial. An appeal (or appellate appeal) consists of filing a complaint with a higher instance within the time limit stipulated by the Code of Civil Procedure of Ukraine. In an appeal, a person can, firstly, seek the cancellation of the previous decision in the case, secondly, obtain a new decision, and thirdly, correct the errors made by the court of first instance during the consideration of the case, respectively. To learn more, we suggest that you read this article.

Appeal: What court decisions can be appealed?

Participants in the case and persons in respect of whom the court of first instance has decided a separate issue may appeal the decisions of the commercial and civil court, as well as its rulings (except for those expressly prohibited by the current Code of Civil Procedure of Ukraine). Separately, an appeal in a case regarding unfounded assets is allowed to be filed with the Supreme Arbitration Court.

When can an appeal against a court decision be refused?

The law defines an exhaustive list of circumstances under which the court refuses to open proceedings:

• first, the document is not subject to appeal (for example, rulings for which the law expressly establishes that they are not subject to review at all);
• second, a repeated complaint has been filed after its acceptance was refused (for example, when a person abandoned a previously filed appeal, the proceedings were closed, and now he is filing a complaint again on the same issue accordingly);
• thirdly, there is already a ruling on the decision against which the complaint is filed to leave the appeal without satisfaction or a ruling on refusal to open appeal proceedings;
• fourthly, the complaint was not filed within the time limit prescribed by law without good reason (or the complainant did not prepare an additional request for renewal of such time limit).

How does an appeal affect the time it takes for a court decision to become final?

An appeal is a key factor that determines the moment when a decision of the first instance court becomes final. According to the Code of Civil Procedure of Ukraine, a verdict of the first instance court becomes final automatically if the parties to the case have not exercised their right to appeal it on appeal. Therefore, filing an appeal suspends the decision from becoming final from the moment the verdict is adopted by the higher court.

Preparing an appeal: what should you pay attention to?

Form and content

According to Article 356 of the Code of Civil Procedure of Ukraine, an appeal must contain the following information:

• full name of the addressee;
• information about the identity of the complainant (his legal representative – lawyer or guardian);
• identification data of the defendant in the case;
• contact details of the participants (for contacting them and further summoning to the court session);
• the decision being appealed (date, case number, name of the court of first instance, brief summary of the content);
• legal and factual grounds for review (incomplete establishment of circumstances, incorrect application of current national legislation, etc.);
• additional information (depending on the situation of the person).

It is also worth emphasizing that the complaint is submitted exclusively in writing to the court office or in the form of an electronic document signed by the CEP, through the Electronic Court.

Annexes

According to Article 355 of the CPC of Ukraine, an exhaustive list of documents that can be submitted to the appeal can also be established:

• a document on the authority of the representative (power of attorney, order for the provision of legal aid);
• evidence of payment of the court fee, provided that the person is not exempted from paying it (receipts, bank orders);
• the appealed court decision;
• copies of the appeal and its annexes for the participants;
• documents confirming the circumstances of the case (evidence).

Submission deadlines

The appeal period is 30 days for civil cases and 20 days for commercial cases. As already partially mentioned earlier, they can be extended in case of a good reason for the delay. To learn more, we recommend that you book a consultation with one of our lawyers.

Lawyer’s assistance in the matter of filing an appeal against a court decision: what can you get?

Involving a lawyer in the process of appealing a verdict of the court of first instance is of crucial importance, since the process itself requires high legal accuracy. A lawyer from our company “Prikhodko & Partners” will ensure that you not only file a complaint, but also that it is properly substantiated. Possessing the necessary knowledge and experience, the lawyer:

• will conduct a detailed analysis of the decision of the court of first instance;
• will determine the optimal strategy for the appeal;
• will provide a realistic assessment of the chances of success;
• will draw up a complaint in accordance with the requirements of the law;
• will prepare other procedural documents (in particular, a motion);
• will monitor the process of filing a complaint within a reasonable time;
• will provide full representation of your interests in court sessions;
• will accompany a cassation appeal if necessary.

Do you have any questions? We suggest you fill out the form below, get a consultation, and find out the cost of supporting an appeal in your case.