Cassation appeal against the decision of the Court of Appeal

When can a cassation appeal be filed against a ruling of the Court of Appeal?

A cassation appeal against a decision of the court of appeal is an important tool for protecting the rights and interests of participants in the legal process. Its main significance is that it provides an opportunity to correct errors made by the judicial institutions of the first and appellate instances, which could have led to an incorrect decision on the case, to form a unified practice of applying the legislation, and to protect one’s rights and interests.

In a commercial process, a cassation appeal can be filed in cases clearly established by the Code of Civil Procedure of Ukraine and subject to compliance with certain conditions, in particular:

• first, the appeal incorrectly applied the norms of substantive or procedural law;
• second, the resolution does not correspond to the conclusions of the Supreme Court in similar cases formed before;
• third, there are grounds for departing from the legal position set out in previously adopted decisions of the Supreme Court.

What is the deadline for cassation appeal of a decision of the court of appeal?

According to Article 288 of the Commercial Procedure Code of Ukraine, the time limit for filing a cassation appeal against a decision of the appellate court is twenty days from the date of its pronouncement (counted from the moment it was pronounced or its full text was drawn up). In some cases provided for by current national legislation, the prescribed time limit may be extended. In particular, in the event of its being missed for good reasons, which may include:

1. serious illness of the complainant or his/her close relatives;
2. force majeure circumstances (natural disasters, epidemics, military operations);
3. the complainant’s military service, etc.

Consultation with a specialized lawyer

Preparing a cassation appeal against a decision of the court of appeal: main nuances

Proper preparation of a cassation appeal is an important stage in appealing a court decision. In order for a cassation appeal to be accepted for consideration, it is necessary to comply with the requirements established by law regarding its form and content. The main requirements for such an appeal are as follows:

• firstly, it is submitted only in writing;
• secondly, it must contain mandatory information, primarily full data on the identity of the complainant and other participants in the case, the contested court decisions (their copies are attached), the grounds for the appeal (with reference to the norms of the Code of Civil Procedure of Ukraine and the available conclusions of the Supreme Court), the complainant’s requirements (to cancel the resolution, to oblige to conduct a re-examination of the case, etc.);
• thirdly, it requires the addition of mandatory documents, in particular, a document on payment of the court fee or confirmation of the right to be exempted from its payment, a power of attorney or other document certifying the authority of the representative, and others.

Moreover, it is also important to observe a number of nuances. Therefore, when appealing a ruling of the appellate court on the basis of disregarding the conclusion of the Supreme Court, it is necessary to indicate the relevant ruling of the Supreme Court and those provisions that, in the opinion of the complainant, are important in the case. Also, when indicating the need to deviate from the conclusion of the Supreme Court, it is necessary to substantiate such a need by indicating the relevant norms of substantive law or violation of the norms of procedural law. You can learn more about the criteria for a cassation appeal against a ruling of the appellate court and the features of its preparation by contacting a specialized specialist “Prikhodko and Partners”.

Support of the lawyer “Prikhodko & Partners” for the preparation and submission of a cassation appeal against the decision of the court of appeal

Support of a lawyer in a commercial process is a comprehensive service that provides the client with qualified legal assistance at all stages of the process, including when preparing to appeal court decisions. The lawyers of our law firm have significant experience in supporting clients in cassation proceedings and are ready to provide the following services:

• analysis of the court decision and assessment of the prospects of cassation appeal;
• preparation of a cassation appeal in accordance with the terms of the law and own practical experience;
• submission, sending copies of the complaint and annexes to other participants and control over registration;
• representation of the client’s interests in the court of cassation by participating in court sessions and providing oral and written explanations;
• other legal services that will be relevant for the client in the future (for example, preparation of an appeal to the European Court of Human Rights).

Cost of legal support

Thus, a cassation appeal against a ruling of the court of appeal can be filed in cases where errors were made in the application of the rules of law to resolve the case, the decision contradicts the conclusions of the Supreme Court, there are grounds for departing from its previous legal positions. Preparing a cassation appeal requires compliance with the requirements established by law regarding its form and content, as well as thorough substantiation of the grounds for the appeal.

To ensure high-quality preparation and submission of a cassation appeal in a commercial process, we recommend using the services of a qualified lawyer, “Prikhodko and Partners.” To find out the price of legal support, fill out the form below.