Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
The court of cassation in civil cases is the Supreme Court. (Judicial Chamber in Civil Cases of the Supreme Court of Ukraine).
Powers of the court of cassation
The court of cassation has the right to:
1. leave the decisions of the courts of the first and second instance, as well as the complaint without a decision;
2. annul court decisions of the first and second instances or parts of the second instance and refer the case to a new trial under the established jurisdiction or for a longer period of trial.
3) cancel the court decisions in whole or in part and make a new decision that has significance, or change the decision without considering the case for a new consideration.
4. cancel the decision of the court of appeal in whole or in part and leave the decision of the court of first instance in the relevant part;
5. annul the decision of the court of first instance and appellate instance in the relevant part, and stop the proceedings in the case or leave the complaint without consideration.
6. in cases where this Code is relevant, it may be declared that the court decisions of the first and second instance are invalid and that the proceedings need to be closed in the relevant part of the case.
7. In the cases specified in this Code, cancel the decision (in whole or in part) and choose one of the decisions specified in clauses 1-6 of the first part of Article 409 of the Civil Code.
The right to retrial.
Participants in the case, as well as persons who did not participate in it, have the right to appeal the decision in the cassation procedure:
1. the first court decision after the appellate review of the case and the final court decision, except for cases that are not subject to cassation review;
2. judgments of the court of first instance, specified in clauses 3, 6, 7, 15, 16, 22, 23, 27, 28, 30, 32 of the first part of Article Article 353 of the Code of Civil Procedure was amended regarding trial after review in the appeal process;
3. the decision of the appellate court regarding denial of access or termination of the process, return of the appeal, suspension of the process, the lawsuit being considered, replacement of the party in the case, cost of the process, separate decisions that are made.
Grounds for a cassation appeal
The grounds for a cassation appeal are the incorrect application of material norms by the court or violation of the norms of procedural law.
Decisions and sentences that are not subject to review.
The following are not subject to re-examination:
1. decisions, rulings of the court of first instance and rulings, rulings of the court of appeal in cases in which the decisions are subject to appellate review by the Supreme Court;
2. court decisions in minor disputes and with a claim price of no more than 250 US dollars, except when:
The cassation appeal deals with a legal issue that is of great importance for the formation of a unified law enforcement practice.
- a person who files a cassation appeal, in accordance with the Civil Code, is deprived of the opportunity to challenge the facts established by the contested court decision, when considering another case.
- the case is of significant public interest or is of exceptional importance for the party to the case who files a cassation appeal.
- the court of first instance wrongly qualified the case as insignificant.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation for the rehabilitation procedure and help collect the necessary documents and, if necessary, accompany the court proceedings.
