Appeal the decision of the court of appeal
Appealing the decisions of the appellate court is an important stage in the human rights process, which provides the parties with the opportunity to review and resolve legal issues that arise after the first instance. In today’s legal environment, especially in the context of changes in legislation and case law, a proper appeal can be critical to protecting the rights and interests of the parties. In order to effectively defend your rights in higher courts, you need to have a deep understanding of the process and a strategic approach to appealing decisions.
When can you appeal the decision of the Court of Appeal?
According to the current legislation of Ukraine, there are the following grounds for appeal:
- Significant violations of the norms of procedural law:
- Failure to comply with requests to call witnesses;
- Failure to admit proper evidence;
- Failure to provide the participants in the case with an opportunity to express their opinion;
- Inadequate clarification of their rights and obligations to the participants in the case.
- Disagreement with the conclusions of the court on the factual circumstances of the case:
- Incorrect assessment of evidence;
- Establishing the circumstances of the case that do not correspond to reality.
- Incorrect application of the law:
- Application of a law that does not apply to this case;
- Incorrect interpretation of provisions of the law.
It is important to note that not all decisions of the Court of Appeal can be appealed. Our lawyers will advise in detail about the possibilities of appeal, taking into account all the circumstances of your case.
Terms and procedure of appeal
A cassation appeal against the decision of the appeal court can be filed within three months from the date of its announcement. For persons who are in custody, the deadline for filing a cassation appeal is calculated from the day they were served with a copy of the court decision.
Such a complaint is submitted directly to the Supreme Court. The complaint must:
- Specify the name of the court to which the complaint is filed;
- Provide information about the appealed court decision;
- State the reasons for the appeal;
- List the demands of the complainant;
- Add evidence that substantiates the complaint.
Appendices to the cassation appeal
- A copy of the appealed court decision;
- A copy of the appeal and response to it (if any);
- Evidence substantiating the complaint;
- Power of attorney of the representative (if the complaint is filed by a representative).
Consideration of a cassation appeal
After filing a complaint, the reporting judge checks it for compliance with the requirements of the procedural law. If the complaint does not meet these requirements, the judge can leave it without action or return it to the complainant to correct the deficiencies.
A cassation appeal is considered by a panel of judges of the Supreme Court in a closed court session. The participation of the complainant, his representative, other participants in the case is not mandatory.
Based on the results of consideration of the cassation appeal, the court may:
- Leave it unsatisfied, and the challenged court decision – unchanged. This means that the court agreed with the conclusions of the courts of the first and appellate instances.
- Cancel the contested court decision and issue a new one. This can happen if the court finds that the courts of the first and appellate instances committed significant violations of the rules of procedural law or incorrect application of the law.
- Cancel the contested court decision and refer the case to the appellate court for a new consideration. This may be if the court considers that an additional study of the circumstances of the case is necessary to make a new decision.
Legal company “Prіkhodko and partners”: your reliable partner in solving legal issues
The law firm “Prіkhodko and partners” is known for its long-term expertise and successful experience in the field of appealing decisions of the appeals court. Our team of lawyers has deep knowledge of court practice and legislation, which allows us to effectively defend the interests of clients in higher courts.
We offer an individual approach to each case and carry out a thorough analysis of each case in order to develop the optimal appeal strategy. Our competence, professionalism and commitment to achieving the best results make us reliable partners for successfully challenging appeal court decisions.
Our team has extensive experience in appellate proceedings in various areas of law, including civil, criminal, administrative and commercial law. We carefully study each case, develop strategies using the most effective legal arguments and do our best to achieve a successful outcome for our clients. Support and partnership with the legal company “Prykhodko and partners” guarantees you a high level of legal services and confidence in solving complex legal issues in the appeal procedure.
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