According to the provisions of the Constitution, in Ukraine there is a right of appeal against a court decision. However, in order to implement it, you need to adhere to a number of requirements provided for by law. Let's consider them in more detail.

Filing an appeal An appeal

is filed with an appellate court within the territorial jurisdiction of the court of first instance whose decision is being appealed. If the decision was made by the court of appeal in the first instance, it will be appealed to the Supreme Court.

The right to file appeals is vested in the parties to the case, as well as persons who did not take part in the trial, but the court's decision concerns their rights, freedoms and interests.

In this case, you can appeal both the court ruling and the decision on the case. The main thing is to invest in the terms stipulated by the law.

Time limit for appeal

Appellate proceedings can be initiated within a clearly defined time frame. So, for filing a complaint against a court decision, interested persons have 30 calendar days, and for a court decision - 15 calendar days.

The aforementioned time limits begin to be calculated from the moment the appealed decision or ruling is delivered to the person. If during the court session only the introductory and operative parts were read, or the case was considered without summoning the participants, the terms begin to be calculated from the day the full text of the decision was drawn up.

If the deadline established by law is missed, it can be renewed, provided there are valid reasons for such a pass. The latter must be confirmed with appropriate evidence.

To restore the missed deadline, an appropriate motion must be submitted along with the appeal.

The procedure for filing an appeal

According to the norms of current legislation, an appeal is filed directly with the court of appeal. But so that the latter does not leave it without movement and does not return to the applicant, it must be filed not only in a timely manner, but also in the prescribed form.

Requirements of the law on the execution of an appeal. An appeal

must be made in writing. Its text should contain the following points: the

  • name of the court to which it is directly filed;
  • Full name (for individuals) and full name (for legal entities) of the person initiating the appeal, as well as his details: address, contact information;
  • Full name or full name of other participants in the case, their contact information;
  • the decision to be appealed;
  • the reason for the appeal: the illegality of the decision (determination), its unfoundedness or incorrect establishment of the circumstances that are important for this case;
  • new circumstances in the case that may affect the outcome of its consideration;
  • directly the application itself;
  • date of receipt of the contested document;
  • a list of materials that are submitted along with the application.

The complaint must be signed by the person who submits it, or his representative. If such a person is exempted by law from paying court fees, the grounds for the release must also be indicated in the text of the complaint.

It should be borne in mind that the appeal procedure may differ in different types of proceedings.

Почему сотрудничество с нашей компанией — правильное решение ?
Absolute одна из ведущих компаний Юго-Восточного региона Украины с более чем 10-летним опытом.
В каких сферах наша компания предоставляет юридические услуги ?
Работаем в сфере хозяйственного, корпоративного, инвестиционного, налогового,уголовного, таможенного, антимонопольного, административного и международного права.
Какие компании находятся в списке наших партеров ?
В списке партнеров такие компании: OTP банк; ПУМБ; UESF; ЮЖМАШ; Nemiroff.
Какой залог успешной работы в юридической сфере ?
Залог успешной работы: Высокий профессионализм; Персональный подход; Полная конфиденциальность; Работа на результат.