File an appeal against the court’s decision

Filing a complaint against a court decision is an important stage in the human rights process, which provides an opportunity to challenge the court verdict at a higher level. This process allows the parties to review the court’s decision if they believe it was wrong or unfair. Our company “Prіkhodko and Partners” will provide consultation and full support in this process.

In what cases can an appeal be filed in Ukraine?

Ukrainian legislation provides for the possibility of filing an appeal in various situations where the party does not agree with the court’s decision. Some of the main cases where you can file an appeal in Ukraine include:

1. Incorrect or unreasonable assessment of evidence. If a party believes that the court has incorrectly or unreasonably evaluated the evidence in the case, it can file an appeal.
2. Violation of procedural rules. If procedural rules were violated during the consideration of the case, which could affect the objectivity and fairness of the court’s decision, the party may appeal this decision.
3. Application of law with errors. If the court believes that the law was incorrectly applied to a specific situation or the court’s decision contradicts the current legislation, this may be grounds for filing an appeal.
4. Unreasonable refusal to meet requirements. If the court refused to satisfy the demands of the party without proper justification or violated the principles of justice, this may be grounds for an appeal.
5. Other violations of procedural norms or the rights of the parties. This may include any other violations of procedural norms or the rights of the parties that occurred during the trial and may affect the objectivity and fairness of the court’s decision.

It is important to keep in mind that an appeal can only be filed after the local court has issued a sentence. It is also necessary to comply with the deadlines established by law for filing an appeal.

Deadlines for filing an appeal in Ukraine

• This important document can be submitted within 30 days after its approval, and for a decision – within 15 days from the moment of announcement.
• In the case when only the introductory and final parts of the court decision were announced at the court session, or when the case was considered without notifying the parties to the case, the deadline for filing an appeal is calculated from the date of the full court decision.
• It is possible to restore the deadline for submitting the document if the party to the case missed it for valid reasons.
• The complaint is filed through the court of first instance that issued the judgment.

Late submission may be grounds for its return without review. It is recommended to seek the help of a lawyer to correctly and competently submit this important document.

The process of filing an appeal

1. The first step in filing an appeal is to prepare the relevant documents. This includes writing a letter of appeal, where you must clearly state the grounds for challenging the court’s decision and point out the legal points you believe have been violated.
2. After preparing the documents, they must be submitted to the appropriate court of appeals. This will usually be higher than the authority that issued the contested decision.
3. After the complaint has been filed, the court sets aside a certain period for consideration of the case. During this period, the parties can present their arguments and evidence at the court hearing.

Preparation for the appeal process

• In order to successfully challenge a court decision, it is important to have adequate evidence and arguments. This may include testimony, expert opinions, written materials, and other documents that support your position.
• If you find it difficult to handle the legal aspects of your case on your own, consider contacting a lawyer or an attorney. They will help you analyze the situation, prepare documents and represent your interests in court.
• Before filing a complaint, it is important to clearly define your goals. It can be a change of the court decision in your favor, a return of the case for a new consideration, or other options for settling the dispute.

Consult a legal expert

Filing an appeal is a complex and important process in human rights activities. Compliance with all established procedural requirements, proper preparation of documents and arguments, as well as professional legal support can significantly increase the chances of successfully challenging the court’s decision. Contact qualified lawyers of our company who will help you in this complex process.

For consultation or calculation of the price of filing an appeal against a court decision, fill out the form below.