The Armed Forces set the terms of appeal against the decision of the investigating judge
The Supreme Court’s Court of Cassation’s Criminal Court, when considering Case No. 760/12179/16-k, concluded that the rule of law on time-limits had been applied to appeal the decision of an investigating judge.
The decision of November 4 stated the following conclusion: the content of para. 2 h. 3 tbsp. 395 of the CPC of Ukraine, if the decision of the investigating judge is issued without calling the person of interest to whom it concerns and which appeals it, then the term of appeal for such person should be calculated from the day of receiving a copy of the court decision, regardless of the availability of other sources of information about the decision.
According to the rule being analyzed, if the decision of the court or investigating judge was rendered without calling the person challenging it, or if the sentence was passed without calling the person challenging it, then the term of appeal for such person shall be calculated from the day of receiving the copy of the judicial decision.
Author: Andrey Kubov