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.
Application for annulment of a court order
The main document for appealing a court order is an application for its cancellation. After entering into legal force, a court order has the force of a writ of execution, which allows the collector to immediately initiate the enforcement procedure. Therefore, it is important to adhere to the deadlines for submitting an application, the requirements for its form and content, and to form a substantiated evidentiary base. More details on the features of its preparation are provided in the article below.
Grounds for submitting an application for the cancellation of a court order
The debtor’s right to file the specified application may be initiated if there are reasonable grounds indicating the illegality or unfoundedness of the issued court order:
- firstly, the incorrect amount of the recovery (calculated with errors, does not correspond to the actual circumstances of the case);
- secondly, there is a dispute about the right (if the debtor, for example, believes that the services were not provided, the goods were of poor quality, the work was not performed properly, etc.), in connection with which the injunctive proceedings should not have taken place at all;
- thirdly, non-compliance with procedural legislation (for example, failure to warn the applicant about such consideration).
Based on the results of the analysis of the relevant application, the court must make a decision to refuse to satisfy it, cancel the order, or return it without consideration. It is important to note that the court’s decision based on the results of considering the application may be appealed in the appeal procedure within the established period. For more detailed information, we recommend you to get the consultation of lawyer at “Prikhodko & Partners”.
Requirements for an application to cancel a court order
According to the Civil Procedure Code, the specified document:
- is submitted to the court in written or electronic form (by applying to postal services, personal submission or sending through the ESITS system;
- must contain the following information: name of the court, debtor, collector, identification of the contested decision (number and date of issue), proof of its full or partial unfoundedness by reference to the factual circumstances of the case, legal norms, and the collected evidence base;
- must be signed by the debtor or an authorized representative (personal signature or CEP in the case of electronic submission);
- also provides for the necessary submission of documents confirming payment of the fee (receipt), authority of the debtor’s representative (power of attorney, certificate of practice as an attorney or a contract for the provision of legal assistance), a request for renewal of the missed deadline (for needs).
Within what time period must an application for the annulment of a court order be filed?
According to Articles 170 and 172 of the Civil Procedure Code:
- the application must be filed within fifteen days from the date of delivery of a copy of the court order to the debtor;
- a motion to extend the deadline for filing the relevant application must be filed no later than five days from the expiration of the deadline for filing it.
As we can see, the main deadlines are quite short. Therefore, in order to effectively protect your rights, we recommend contacting a lawyer from “Prikhodko & Partners”, who has the appropriate qualifications in writ proceedings (the price of services is determined during an introductory consultation with the client after a detailed analysis of the request and the situation in general).
Grounds for renewal of the deadline for filing an application
The court may renew the specified deadline if it recognizes the reasons for its failure by the applicant as valid. From the analysis of recent case law, lawyers can distinguish the following cases that may be recognized as a valid failure to file a procedural deadline:
- illness of the debtor or his family members;
- the debtor’s stay on a business trip;
- the applicant’s failure to receive a copy of the order for reasons beyond his control (force majeure circumstances, such as natural disasters, epidemics, military actions, etc.).
As a general rule, the court assesses the validity of the failure to file a deadline in each specific case, taking into account the applicant’s arguments and the presence of relevant circumstances.
How much does it cost to file an application to cancel a court order?
The cost is expressed in the amount of the court fee that must be paid. According to the Law of Ukraine “On the State Budget of Ukraine for 2025”, the subsistence minimum as of April 2025 was UAH 3028.00. The fee for submitting an application is 5% of the specified amount (UAH 151.4). To confirm information on the amount of the fee and the conditions for its calculation, it is recommended to refer to official sources, such as: the website of the judiciary of Ukraine; the website of the court to which the application is submitted.
Thus, the main tool for appealing a court order is an application for its cancellation, the submission of which is critically important within the established fifteen-day period from the moment of receiving a copy of the order. To successfully cancel the order, the debtor must clearly justify the grounds for his disagreement in the application, add a list of mandatory documents and pay the court fee.
To effectively protect your rights and prepare a high-quality application to cancel a court order, it is recommended that you promptly seek qualified legal assistance. To find out the cost of the services of the lawyer “Prikhodko and Partners”, please fill out the form below.
Calculate the cost of services
1 question
Were other lawyers handling your case?
2 question
Are you in Kyiv or Kyiv region?
3 question
Do you need legal assistance urgently?
You may also need:
Appeal against the decision of the court of first instance
Read moreCompensation for obstruction of the use of property
Read moreAppeal against the judgment of the ECHR
Read moreAnswer to the response to the statement of claim
Read moreCivil action for compensation for material damage
Read moreCancellation of court order
Read morecall back
during the day
Compensation for moral, material damage
Protection of honour, dignity, and business reputationContract Development for Business and Legal Entities
Licensing of business activities
Compensation for moral, material damage
Legal services in the field of cryptocurrency and blockchain
REGISTRATION OF COMPANIES AND OPENING OF BANK ACCOUNTS
Sale and purchase of ready-made firms
Grants and attracting investment
Business registration and support in Great Britain
Business registration and support in Switzerland
Business registration and support in the EU
Business Registration and Support in the Gulf Countries (GCC)
Business registration and support in Turkey
Business registration and support in USA
Lawyer for administrative cases
Legal services for medical businesses and doctors
Protection of honour, dignity, and business reputation
Real estate transaction support
Escort of the tender participant
Trial lawyer: support and defense in court
European Court of Human Rights (ECHR)

