Appeal proceedings - appeal to court of appeal

Appeal proceedings - appeal to court of appeal

The protection of rights in a court of General jurisdiction involves a thorough knowledge of the current legislation. The court may make the decision do not satisfy one of the parties. The participants in the case, and persons not involved in the case, if the court decided the question of their rights, freedoms, interests and (or) duties have the right to appeal against in an appeal order the decision of the court of first instance completely or in part.

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Right of appeal appeal

The participants in the case, and persons not involved in the case, if the court decided the question of their rights, freedoms, interests and (or) duties have the right to appeal against in an appeal order the decision of the court of first instance completely or in part.

After the opening of appeal proceedings on appeal, persons who did not participate in the case, but the court decided the question of his rights, freedoms, interests and (or) duties, such person shall enjoy procedural rights and bear procedural obligations of the party case.

The period for appeal

The appeal to the court filed within thirty days, and to the court within fifteen days from the day of his (her) announcement.

If at the hearing it was announced only introductory and operative part of the judgement or if the proceedings (decision of the question) without notice (call) of the participants in the case, the specified period is calculated from the date of the full court decision.

The party of the case, which the full decision or ruling of the court was not handed in the day of his (her) Declaration or issuance, is entitled to restoration of the missed deadline for appeal:

1) the decision of the court - if the appeal is filed within thirty days from the date of receipt of the full decision of the court;

2) the decisions of the court - if the appeal is filed within fifteen days from the date of receipt of the relevant court orders.

The period for appeal may be restored in the case of missing other valid reasons

The procedure for filing an appeal

The appeal is filed directly in the court of appeal.

The form and content of the appeal

The appeal is in writing.

The appeal must include:

1) name court with which the complaint is made;

2) the full name (for legal entities) or name (surname, name and patronymic) (for individuals) of the person filing the appeal, its location (for legal entities) or place of residence or stay (for physical persons), zip code, identification code of the legal entity in the Unified state register of enterprises and organizations of Ukraine, registration number of taxpayer card (for individuals), if any, or the number and series of the passport for physical persons - citizens of Ukraine, means of communication and electronic y mail official e-mail address, if available;

3) the full name (for legal entities) or name (surname, name and patronymic) (for individuals) other participants in the case, their location (for legal entities) or place of residence or stay (for individuals);

4) the decision or ruling that is appealed;

5) the illegality and (or) the invalidity of the decision or determination (incompleteness of establishment of circumstances relevant to the case, and (or) the fallacy of establishing the circumstances relevant to the case, due to unjustified refusal to accept evidence, improper investigation or evaluation, failure to submit evidence for valid reasons and (or) incorrect definition in accordance with the court circumstances of legal relationship, etc.);

6) new circumstances to be established, evidence subject to research or evaluation, justification of valid reasons for the absence of evidence to the court of first instance, objections to evidence used by the court of first instance;

7) the petition of the Complainant;

8) the date of receipt of the copy of the judgment of the court of first instance appealed;

9) list of documents and other materials which are attached.

The appeal signed by the Complainant, or representative of such person.