How many days you have to file an appeal or a cassation appeal: time limits for challenging court decisions

A court decision is not always the final word in a case. If a party disagrees with it, the law provides for the possibility of an appeal and, in certain cases, a cassation appeal. However, what matters here is not only the legal reasoning behind the appeal but also compliance with procedural time limits. Even a well-founded position may not be considered on its merits if the appeal is filed late and there are no grounds for restoring the time limit.

Appeal and cassation: what is the difference

An appeal is filed to have a decision of the court of first instance reviewed. The court of appeal examines its lawfulness and soundness within the limits set by the relevant procedural code.

Cassation is the next level of review. Cassation appeals are heard by the Supreme Court, but the right to a cassation appeal has its statutory limits: not every decision in every case can be reviewed in cassation. For example, in commercial proceedings the right to a cassation appeal is governed by Article 287 of the Commercial Procedure Code of Ukraine.

How many days you have to file an appeal

There is no single time limit for all cases: it depends on the type of proceedings and the type of court decision.

In civil proceedings, as a general rule, an appeal against a court judgment is filed within 30 days, and an appeal against a ruling within 15 days.

In commercial proceedings, the law allows 20 days to appeal a judgment and 10 days to appeal a ruling.

In administrative proceedings, the general time limits are 30 days for a judgment and 15 days for a ruling. For certain categories of urgent administrative cases, the law may set special, shorter time limits.

Participants in criminal proceedings should be especially careful. As a general rule, a verdict can be appealed within 30 days, other rulings of the court of first instance within 7 days, and a ruling of an investigating judge within just 5 days of its announcement.

What is the time limit for a cassation appeal

In civil and administrative proceedings, the general time limit for a cassation appeal is 30 days.

In commercial proceedings, a cassation appeal is filed within 20 days. The time limit for a cassation appeal is set by Article 288 of the Commercial Procedure Code of Ukraine.

In criminal proceedings, the general time limit for a cassation appeal is three months.

At the same time, before preparing a cassation appeal, it is necessary to establish not only the time limit but also whether the specific court decision can be challenged in cassation at all.

When the time limit starts to run

This is the stage at which mistakes most often occur. It is not always enough simply to look at the date stated in the court decision.

The starting point may depend on the day the decision was pronounced, the date its full text was drawn up, the procedure under which the case was heard and the moment the decision was served on the party. For example, the law provides for cases where, if only the introductory and operative parts of the decision were pronounced, the time limit runs from the day the full court decision was drawn up.

Criminal proceedings also have their own rules for calculating procedural time limits: in particular, when a time limit is calculated in days, as a general rule the day from which it starts to run is not counted.

That is why the last day for filing an appeal must be determined individually, taking into account the specific case.

What to do if the time limit for an appeal has been missed

A missed time limit does not always mean that the opportunity to challenge the decision has been lost for good. Procedural law provides mechanisms for restoring it where there are proper grounds.

Together with the appeal, you need to apply for the time limit to be restored and explain why it was missed. Where possible, the circumstances should be supported by documents. However, the request alone is not enough: the court assesses the reasons given and decides whether there are grounds for restoring the time limit.

That is exactly why, after receiving a court decision, it is important not to put off consulting a lawyer. In some cases you have 30 days to appeal, in others only 5.

The Strategic Advocacy Bar Association analyses court decisions, determines the procedure and time limits for challenging them, prepares appeals and cassation appeals and represents clients’ interests in court. Every case requires individual analysis, as the time limit and the possibility of an appeal depend on the type of proceedings, the type of decision and the specific circumstances of the case.