The appeal proceedings in the Supreme Court - Cassation

The court of cassation in civil cases is the Supreme Court.

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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The right to appeal against

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 in cassation:

1) the decision of the trial court after appellate review of the case and the decision of the court of appeal, except for judicial decisions specified in part three of this article;

2) determination of the trial court, after reconsideration, to appeal;

3) definition of court of appeal instance about refusal in opening or closing the appeal proceedings, on the return of the appeal, the stay of proceedings to secure the claim, replacement measures to ensure the claim for counter-security, refusal to take further decision on the interpretation of the award or denial of explanation of the decisions on the making or refusal to make corrections in the decision on the return application for judicial review of newly discovered or exceptional circumstances, the refusal to open proceedings I newly discovered or exceptional circumstances, to replace the parties in the case, to impose a fine in the order of procedural coercion, individual decisions.

Appeal grounds is an incorrect application of the substantive law or violation of procedural rules.

The term cassation

Appeal against court decision shall be filed within thirty days from the date of its announcement.

If at the hearing it was announced only introductory and operative part of the judgment, or in the case of (decision) 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 court decision was not handed in the day of proclamation or preparation, has the right to renew the term for cassation appeal, if appeal filed within thirty days from the date of receipt of such adjudication.

The cassation appeal term may be restored in the case of missing other valid reasons, except for the cases specified in part three of article 394 of this Code.

The order of cassation

An appeal submitted directly to the court of cassation.

The form and content of the appeal

The cassation appeal is submitted 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 email 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 (decree) which appealed;

5) what is the incorrect application of the substantive law or procedural violations;

6) the request of the person filing the complaint;

7) list of written materials attached to the complaint;

8) the date of receipt of the copy of the judgment of the court of appeal impugned.

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

Cassation appeal submitted by the representative shall be attached a power of attorney or other document certifying the representative's authority.

To appeal shall be accompanied by:

1) a copy of the complaint and attached materials in accordance with the number of participants in the case;

2) evidence confirming the date of receipt of the copy of the appealed decision of the court of appeal, if available;

3) documents confirming payment of court fee in the established manner and amount or proof of exemption from payment of court fees in accordance with the law.

If the cassation complaint is filed by a person exempt from payment of court fees in accordance with the law, it shall include exemption from paying court fees.