In accordance with paragraph 6 of part one of Article 353 of the Code of Civil Procedure of Ukraine.
To which Part two of Article 194 of the CPC of Ukraine refers
Provides that the court Part six of Article shall issue a ruling on the phone number lead return of the statement of claim. The ruling on the return of the statement of claim may be appealed . A copy of the statement of claim shall remain with the court.
The inclusion of a copy of the counterclaim to the case materials in the event that it is returne to. The applicant is Part six of Article specifi in Part Three of Article 194 of the Code of Civil Procedure of Ukraine.
(!!!) The above indicates that the procedural law defines a unifi! single approach. When applying the consequences of filing a claim (both initial and counterclaim) filed without complying with the requirements specified by the CPC of Ukraine. Thus! there is a ne to apply a single approach when exercising the right of the participants in. The case to appeal the court’s decision to return the claim (both initial and counterclaim).
Clause 15.10 of Section XIII “Transitional Provisions” of the CPC of comparing domains and url structures in real time Ukraine states that in the event of filing an appeal against the decisions of the court of first instance provid for in Clauses 1f this Code (except for decisions on refusal to accept or return a counterclaim! on refusal to accept or return a claim of a third party who asserts independent claims regarding the subject of the dispute.
Decisions on suspension of proceedings in the case
Which are file after the deadline for appealing them)! or filing a cassation appeal against the decisions of the court of appeal (except for decisions on securing the claim! changing the measure of securing the claim! on counter-security! decisions on suspension of proceedings in the case! which are fil after the deadline for appealing them! on imposing a fine as a procedural coercion! and separate decisions) – to the court All materials are transferr to the appellate or cassation instance.
It follows from the content of the specifi norm that the decision to refuse to accept or return a asb directory counterclaim is subject to appeal.
