How to appeal a court decision: appeal and cassation in Ukraine

In life, situations often arise when the decision of a first instance court seems unfair or erroneous. Ukrainian law guarantees the right to appeal such decisions through appeal and cassation. These procedures are designed to correct miscarriages of justice and ensure fairness. What is an appeal? An appeal is the first level of appealing a …

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In life, situations often arise when the decision of a first instance court seems unfair or erroneous. Ukrainian law guarantees the right to appeal such decisions through appeal and cassation. These procedures are designed to correct miscarriages of justice and ensure fairness.

What is an appeal?

An appeal is the first level of appealing a court decision. It allows you to appeal to a higher court to review a decision made by the court of first instance. An appeal can be filed by:

  • Participants in the case;
  • Persons whose rights or interests are violated by the decision.

Grounds for appeal

An appeal can be filed if:

  1. The court made mistakes in establishing the facts of the case (for example, incorrectly assessed or failed to take into account evidence).
  2. The rules of substantive or procedural law were incorrectly applied.

How to file an appeal?

To file an appeal, you need to:

  1. Prepare an appeal. The document must be drawn up in accordance with the requirements of the law.
  2. File an appeal through the court of first instance. Although the appeal will be considered by the appellate court, the documents are first submitted through the court that issued the decision.

Deadlines for filing an appeal

An appeal must be filed within 10 days from the date of the first-instance court’s decision. The deadlines may vary depending on the type of proceedings, so it is important to check them. If you missed this deadline for a valid reason (e.g., illness), you can file a motion to extend it.

What should an appeal contain?

The appeal must include:

  • Name of the court of appeal;
  • Information about the person filing the appeal (full name, contact information);
  • A description of the appealed decision, including its shortcomings;
  • Substantiation of the claims (errors of the court that you consider to have been made);
  • List of documents attached to the appeal.

Decision of the court of appeal

The Court of Appeal may:

  • Leave the decision unchanged;
  • Cancel it in whole or in part;
  • Change the decision.

What is cassation?

Cassation is the next level of appeal available after the appellate court has considered the case. Unlike an appeal, cassation only considers issues of law, i.e. the correct application of the law. The cassation court does not review the evidence or facts of the case.

Grounds for cassation

A cassation appeal may be filed if:

  • The court of first instance or the court of appeal made mistakes in the application or interpretation of the law;
  • These errors affected the final outcome of the case.

How and when to file a cassation appeal?

A cassation appeal must be filed within 1 month after the decision of the court of appeal enters into force. The documents are submitted to the Supreme Court through the court that heard the case earlier.

What can the cassation court decide?

The Court of Cassation can:

  • Reverse the decision of lower courts;
  • Change it;
  • Leave the decision unchanged.

Why is it important to appeal a decision?

The appeal procedure is not only your right, but also a mechanism to ensure justice. Appeal and cassation allow you to:

  • Protect your rights if the decision of the court of first instance was erroneous or unfair.
  • Ensure that decisions comply with the law.
  • Contribute to improving the quality of justice, as courts know that their decisions can be reviewed.

Tips for a successful appeal

Meet the deadlines. A timely filed complaint is the key to a successful review.
Involve professionals. Lawyers will help you to formulate your claims correctly and substantiate them.
Prepare all the necessary documents. Attach materials to the complaint that support your arguments.

How can a lawyer help?

The appeal process requires not only knowledge but also experience. A lawyer will:

  • Assess the prospects of the case;
  • Prepare an appeal or cassation appeal in accordance with the requirements of the law;
  • Represent your interests in court, which will increase the chances of success.

Appeal and cassation are effective tools for protecting your rights. If you are faced with an unfair court decision, contact professional lawyers who will help you draft a quality complaint and ensure your protection.

Contact us for a consultation.

 

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