Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Appeal against the commencement decision
The decision to start the proceedings shall be taken by the court on the merits. However, there are sometimes situations where the parties to the proceedings disagree with this decision. In such cases, the law gives them the right to challenge it.
When can I appeal the decision to prosecute?
- Violation of jurisdictional rules:
The case had been brought before a court, which had no jurisdiction to hear it. For example, a claim for debt recovery under a loan agreement had been filed with the Economic Court, although under the rules of jurisdiction such cases were heard by the ordinary courts.
- Non-compliance with procedural rules:
The court did not follow the procedures established by law at the commencement of the proceedings. For example, the judge did not give the parties an opportunity to express their views on the commencement of the proceedings.
- Illegality of claims relating to:
The judge ruled that these claims were legitimate, although they were not in accordance with applicable law. For example, the judge recognized a legal claim for a fine that had been calculated in violation of applicable law.
- Insufficient circumstances on which claims are based:
The claimant did not provide sufficient evidence in support of its claims. For example, the plaintiff did not provide any evidence that the defendant actually owed him money.
- Lack of grounds for action:
The judge found no legal basis for the hearing. For example, the judge initiated legal proceedings that did not meet the requirements of the existing legislation.
- Other grounds:
There were other grounds on which an appeal could be lodged against a decision to open proceedings, such as a decision by a judge who had no authority to do so.
It is important to note that the list of grounds for challenging the commencement decision is exhaustive. Experienced counsel will be able to immediately determine whether there are grounds for appeal or not.
Period for appeal against the decision to open proceedings
The normal period for appeal against a decision to commence proceedings is 15 days from the date of its announcement.
However, there are exceptions to this rule:
- In bankruptcy cases, an appeal against a decision to commence proceedings may be filed within 30 days of the date of its announcement.
In the ca - se of administrative offences: An appeal against the decision to commence proceedings may be lodged within 10 days from the date of its adoption.
It is important not to miss the deadline for appealing against the decision to initiate proceedings, otherwise your right to appeal will be lost.
How is it competent to challenge the decision to open the proceedings?
The procedure for appealing against a decision to institute criminal proceedings depends on the type of judicial proceedings (civil, economic, administrative) and the specific circumstances of the case. However, a number of general measures are needed:
- Decision on the period of appeal: usually 15 days from the date of announcement of the decision.
- Appeal: State your case clearly and explain why you disagree with the court’s decision.
- Collecting the necessary documents: attach to the appeal a copy of the ruling, a copy of the claim, other evidence supporting your position.
- Payment of court fee: the amount of the fee depends on the type of trial and the price of the claim.
- Appeal to the Court of Appeal.
Why is it better to contact an experienced lawyer immediately?
Challenging a decision to initiate proceedings is a complex legal process that requires knowledge of the law in force and experience in litigation. It can be quite difficult to carry out all the necessary actions and correctly justify their position in court.
By contacting an experienced lawyer, you will receive:
- Qualified legal aid: the lawyer will analyze your situation, determine the optimal appeal strategy and help you at all stages of the process.
- Preparation of an appeal: the lawyer will correctly formulate your arguments and support them with appropriate evidence, which will greatly increase the chances of successful appeal.
- Representation of Your Interests in Court: The lawyer will represent Your interests in the Court of Appeal, take over all procedural issues and protect Your rights.
Our lawyers will effectively assist in challenging the decision to open a trial
Having many years of experience in litigation, attorneys of Prikhodko & Partners are well aware of all the intricacies of the process of appealing decisions on the opening of proceedings. We will examine your situation carefully, devise an effective strategy and do our best to have the illegal judgement quashed.
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