Cassation proceedings in the Supreme Court – Cassation Complaint
Cassation proceedings in the Supreme Court are a service from the law firm AGTL Kharkiv, Kyiv, Odessa. A cassation complaint is filed with the Court of Cassation. The Court of Cassation in civil cases is the Supreme Court.
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.
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The right of appeal
The participants in the case, as well as those who were not involved in the case, if the court has decided on their rights, freedoms, interests and/or duties, have the right to appeal in cassation:
1) the decision of the court of first instance after the appeal review of the case and the decision of the court of appeal, except for the court decisions defined in part three of this article;
2) the determination of the court of first instance, after their review on appeal;
3) the determination of the court of appeal on the refusal to open or close the appeal proceedings, the return of the appeal, the suspension of the proceedings to ensure the claim, the replacement of the measure of enforcement of the claim, the counter-provision, the refusal to take an additional decision, the refusal to explain the decision or refusal to explain the decision to make or refuse to make corrections in the decision, to return the application for review of the court decision on newly discovered or exceptional circumstances , about the refusal to open proceedings I for newly discovered or exceptional circumstances, on the replacement of the party in the case, on the imposition of a fine in the order of procedural coercion, separate decisions.
The grounds of appeal are the court’s misuse of substantive law or a violation of procedural law.
Term for appeal
A cassation complaint against the judgement is filed within thirty days of its proclamation.
If only the introductory and resolute part of the court decision was announced in the court hearing, 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 court decision was not handed over on the day of the proclamation or drafting, has the right to reinstate the missed period of appeal if the appeal is filed within thirty days of the date of the awarding of such a court decision.
The period of appeal may also be reinstated if passed for other valid reasons, except as specified in section 3 of article 394 of this Code.
How to file a cassation complaint
The appeal is filed directly with the Court of Cassation.
Form and content of cassation complaint
The cassation complaint is filed in writing.
The appeal must include:
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 making the appeal, her location (for legal entities) 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 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) decision (ruling) that is being appealed;
5) what is the court’s misuse of material law or violation of procedural law;
6) the petition of the complainant;
7) a list of written materials attached to the complaint;
8) the date of receipt of a copy of the court of appeal of the appeal court.
The cassation complaint is signed by the person who filed the complaint or the representative of the person.
A power of attorney or other document certifying the authority of the representative must be attached to the cassation complaint filed by the representative.
The appeal is attached to:
1) copies of the complaint and the materials attached to it in accordance with the number of participants in the case;
2) evidence supporting the date of receipt of a copy of the appeals court’s decision – if available;
3) documents confirming the payment of the court fee in the established order and the amount or documents confirming the grounds of exemption from the payment of the court fee in accordance with the law.
If an appeal is filed by a person exempt from the court fee in accordance with the law, it indicates the grounds of exemption from the payment of the court fee.
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