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.
Obtaining a court decision
To exercise the right to judicial protection, the plaintiff and the defendant must be provided with unhindered access to the court decision in their case. It can be obtained in various ways and provided that the person has the appropriate authority or legal status to familiarize himself with it. We will talk about obtaining a court decision and some of the subtleties of this process in this article.
Who can obtain a court decision?
Two categories of persons can obtain a copy of a court decision, namely those who participated in the case and those whose rights or interests are affected by it, respectively. In the first case, these may be the parties to the case (plaintiff and defendant), third parties who (do not) declare independent claims, in the second case, others who are not directly related to the case, but have an interest in it. For such persons, the procedure for obtaining a court decision is more complicated, since they first need to prove why it concerns their interests.
What are the main ways to obtain a court decision?
In the court office
This is a fairly convenient way if you personally participated in the case. The plaintiff, defendant, third parties, their representatives (including a lawyer) can contact the office directly. The office staff may additionally require the following to confirm your status:
- an identity document (passport);
- a power of attorney or an order for legal aid.
Important to know! If you simply show up to court without a pre-prepared application for a decision, you will likely have to fill out a special form on the spot. Therefore, we recommend that you prepare in advance, which your direct lawyer can help you with.
By mail
With some delays of several days, however, you can also obtain the specified document by sending the relevant application by registered letter with notification of delivery. Alternatively, you can also contact the office of the relevant court via the official electronic mailbox (you can find it on the website of the judiciary of Ukraine https://court.gov.ua/). In this case, you will also need to sign the document with a valid QES (qualified electronic signature). For more detailed information, we also recommend consulting one of our qualified lawyers.
In the electronic office in the Unified Judicial Information and Communication System
Due to the rapid digitalization in our country, there is also an opportunity to obtain a court decision via the electronic office in the Unified Judicial Information and Communication System. The undoubted advantage of this method is that it is perhaps the fastest and most convenient. The following can submit a request in the electronic office:
- lawyers;
- notaries;
- private/state executors;
- arbitration managers;
- forensic experts;
- legal entities and individuals who have registered an office voluntarily.
When is a court decision considered received by a party to the case?
The deadline for appealing a court decision begins on the date of receipt, so it is very important to understand this issue. According to Part 6 of Article 272 of the Civil Procedure Code of Ukraine, the specified document is considered received:
- upon personal delivery – at the time of your signature on the document in court (or your lawyer’s signature);
- via an electronic account in the Unified Judicial Information and Communication System (or official electronic mailbox) – on the day the court receives a notification of its delivery;
- via postal means – at the time when the postal notification of delivery is marked with a receipt.
In what cases can a court decision (copy) be refused?
As a general rule, a court decision may be refused only in cases clearly defined by law. These include:
- first, the applicant does not have legal capacity;
- second, the applicant failed to prove the proper authority to represent the interests of one of the parties;
- third, the case materials have been transferred to another court (in some cases);
- fourth, the case does not concern the applicant (in the case of an application by persons absent from the hearing – does not affect the rights, freedoms, interests or obligations)
It is important to know! Regardless of the reason for the refusal, the court employee must provide you with a reasoned decision with appropriate explanations. By law, you also have the right to appeal it to the president of the court. One of our lawyers can help with this and other questions that you may have.
To sum up, access to a court decision is an important part of your right to protection. You, your representative, or other persons whose legitimate interests the case may concern can obtain it. The procedure for obtaining it involves submitting a relevant application and confirming your own legal status in the case. A lawyer from the company “Prikhodko & Partners” can help you do everything correctly and speed up the entire process.
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