The exercise by the participants in the case of the right to appeal the court’s decision to refuse to accept or return the claim (both the original and the counterclaim)
On January 17! 2024! the Supreme Court! as part of the buy telemarketing data panel of judges of the First Judicial Chamber of the Civil Court of Cassation! in case No. 932/9029/23! proceedings No. 61-16072 st 23 (EDRSRU No. 116388652)! examined the issue of a unified approach to the exercise by the The decision to participants in the case of the right to appeal the court’s decision to return the claim (both the original and the counterclaim).
Article 129 of the Constitution of Ukraine
.Part 3 of Article 2 of the Code of Civil Procedure of Ukraine provide that one The decision to of the basic principles of judicial proceedings is ensuring the right to appellate review of a case.
According to Article 6 of the Convention! such a right must be ensured by judicial procedures! which must be fair.
According to Part One of Article 17 of the Code of Civil Procedure 6 different language support of Ukraine! participants in the case! as well as persons who did not participate in the case! if the court has decided the issue of their rights! freedoms! interests and (or) obligations! have the right to an appellate review of the case and! in cases specified by law! to a cassation appeal of the court decision.
Appeal proceedings are an important procedural guarantee
For the protection of the rights and legally protected interests of persons participating asb directory in the consideration of the case! in the cases and in the manner established by the Code of Civil Procedure of Ukraine.
A person may not be deprived of the right to appeal a court decision ! in particular a ruling of a court of first instance! if such a right is expressly provided for by procedural law.
The list of decisions of the court of first instance that can be appealed separately from the court decision is contained in Part One of Article 353 of the Code of Civil Procedure of Ukraine.
