Appeal against the decision of the court of appeal in cassation

Litigation can be complex and multi-step. One of the stages is the appeal, after which, in case of disagreement with the decision of the court of appeal, the party may apply to the cassation instance. Below we will consider the features of appealing the decision of the court of appeal in cassation.

In what cases can you appeal the decision of the court of appeal in cassation?

According to the current procedural legislation of Ukraine, cassation appeal of the decision of the court of appeal is possible in the following cases:

• Violation of substantive law:

1. Incorrect application or interpretation of the rules of law governing disputed legal relations.
2. Non-application of the law to be applied to this case.
3. Application of the rules of law that do not comply with the Constitution of Ukraine.

• Violation of procedural law:

Significant violations of procedural law, which made it impossible to properly consider the case and make a lawful and reasonable decision.

1. Violation of the rules on the jurisdiction of the case.
2. Violation of the rules on the composition of the court.
3. Violation of the rules on the withdrawal of a judge.
4. Violation of rules on evidence.
5. Violation of the rules on the consideration of the case.
6. Violation of the rules of judgment.

• Improper application of the pre-judicial value:

1. Incorrect application or interpretation of the provisions of a court decision that has a prejudicial meaning for this case.

It is important to note that not all decisions of the court of appeal can be appealed in cassation. The list of rulings that are not subject to cassation appeal is given in Article 389 of the Civil Procedure Code of Ukraine. For example, decisions on:

1. Leaving the appeal without consideration.
2. Refusal to renew the missed term for appeal.
3. Suspension of appeal proceedings.
4. Leaving the application to challenge the judge without satisfaction.

Before filing a cassation appeal, it is recommended to carefully study the procedural code to make sure that the decision of the court of appeal can indeed be appealed in cassation. You can also contact our specialists who have extensive experience in challenging the decision of the court of appeal and will help you to do everything as correctly, competently and effectively as possible.

The main difficulties in challenging the decision of the court of appeal in cassation

• Term for filing a cassation appeal:

1. It is 20 days from the date of the decision of the court of appeal.
2. Skipping the deadline may lead to refusal to open cassation proceedings.
3. Restoration of the missed deadline is possible only if there are valid reasons.

• Requirements to the form and content of the cassation appeal:

The complaint must meet the clearly defined requirements of the procedural code, otherwise it can be returned without consideration.

The complaint must contain:

1. The name of the cassation court.
2. Information about the participants in the case.
3. Contested judgment.
4. Requirements of the complainant.
5. Justification of the cassation complaint.
6. List of attached documents.
7. The complaint must be signed by the complainant or his representative.

• Justification of the cassation complaint:

1. It is necessary to clearly formulate and substantiate violations of the law committed by the court of appeal.
2. Reference should be made to the relevant articles of the law, as well as to the practice of the Supreme Court of Ukraine.
3. Justification of the complaint should be thorough and convincing.

• Cassation Court Practice:

1. The Supreme Court of Ukraine forms a stable practice for consideration of cassation complaints.
2. It is important to consider this practice when preparing and filing a complaint.
3. Neglect of the cassation court practice may lead to refusal to satisfy the complaint.

• Evidence:

1. New evidence that has not been examined by the courts of first instance and appeal may be added to the cassation appeal.
2. However, such evidence can only be taken into account if it could not have been presented earlier for valid reasons.

• Costs:

Appeal of the decision of the court of appeal in cassation involves certain costs. These include:

1. Payment of court fee.
2. Costs of making copies of documents.
3. Expenses for legal services.

• Risk:

1. Filing a cassation appeal does not guarantee success.
2. The Court of Cassation may leave the appealed decision unchanged.
3. In this case, the complainant bears the risk of paying legal costs to the other party.

In view of the above, challenging the decision of the court of appeal in cassation is a difficult and risky step. Before filing a cassation appeal, it is recommended to carefully study all aspects of the case and consult with a qualified lawyer.

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