Appeal – appeal to the Court of Appeal
Appeal proceedings – an appeal to the court of appeal can be prepared by lawyers of the law firm AGTL.
The protection of rights in the court of general jurisdiction implies a thorough knowledge of the existing legislation. The court may rule that one of the parties is not satisfied.The participants in the case, as well as those who did not participate in the case, if the court has decided on their rights, freedoms, interests and/or responsibilities, have the right to appeal the decision of the court of first instance in full or in part.
Professional support in court is based on the extensive jurisprudence of our lawyers;
Our work is based on the principles of complete confidentiality;
Our company employs professionals in various branches of law, allowing us to offer you solutions for a wide range of issues related to various disputes;
Each client is different for us. We do not use ready-made solutions, but we rely on solid experience gained over the years of practice.
The right of appeal
The participants in the case, as well as those who did not participate in the case, if the court has decided on their rights, freedoms, interests and/or responsibilities, have the right to appeal the decision of the court of first instance in full or in part.
After the opening of the appeals proceedings of the person who did not take part in the case, but the court decided on his rights, freedoms, interests and/or responsibilities, the person enjoys procedural rights and the procedural duties of the participant.
Term on appeal
An appeal against the court’s decision is filed within thirty days, and the court’s determination within fifteen days of its (her) proclamation.
If only the introductory and resolute part of the court decision was announced in the court session, or in the case of consideration of the case (decision) without notifying (call) the participants of the case, the specified period is calculated from the date of the full court decision.
A participant in a case to whom a full decision or court order was not handed over on the day of his (her) proclamation or drafting, has the right to reinstate the missed period on appeal:
1) Court decisions – if an appeal is filed within thirty days of the court’s full decision being handed over to it;
2) on court orders – if an appeal is filed within fifteen days of the date of the court’s order.
The period of appeal may also be reinstated if passed for other valid reasons.
How to file an appeal
The appeal is filed directly with the Court of Appeal.
Appeal proceedings. The form and content of the appeal
The appeal is filed in writing.
The appeal must state:
1) The name of the court to which the complaint is filed;
2) full name (for legal entities) or name (surname, name and middle name) (for individuals) of the person subject to appeal, her location (for legal persons) or place of residence or residence (for individuals), postcode, identification code of a legal entity in the Single State Register of Enterprises and Organizations of Ukraine, registration number of the taxpayer’s registration card (for individuals) , communication numbers and e-mail, official email address, if available;
3) full name (for legal entities) or name (surname, name and middle name) (for individuals) of other participants in the case, their location (for legal entities) or place of residence or residence (for individuals);
4) a decision or ruling that is appealed;
5) what is the illegality and/or unreasonableness of the decision or determination (incomplete establishment of circumstances relevant to the case, and/or the incorrectness of establishing the circumstances relevant to the case, due to the unreasonable denial of evidence, their improper investigation or evaluation, the failure to provide evidence for good reasons and/or the incorrect definition in accordance with the circumstances established by the court of legal relations, etc.);
6) new circumstances to be established, evidence to be examined or evaluated, justification for the validity of the reasons for not presenting evidence to the court of first instance, objections to the evidence used by the court of first instance;
7) the petition of the complainant;
8) the date of receipt of a copy of the court’s decision of the first instance of the appealed;
9) a list of documents and other materials that are attached.
An appeal is signed by the applicant or the representative of the person.