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The Constitution of Ukraine guarantees and ensures everyone the right to an appeal review of a case. Such a right is granted by the procedural codes of Ukraine to the participants in the case and to persons who did not participate in the case, if the court decided the issue of their rights, interests and (or) obligations. The decision of the court of first instance may be appealed in whole or in part.
The system of courts in Ukraine is built on the principles of territoriality and jurisdiction. In order to determine to which court an appeal is filed, one should familiarize oneself with the system of the judiciary established by the Law of Ukraine “On the judiciary and the status of judges”. Thus, the profile law establishes that appeals are considered by the courts of appeal, the current courts of appeal.
Courts of appeal for civil and criminal cases, as well as cases of administrative offenses are courts of appeal formed in appellate districts.
Appellate courts for consideration of economic cases, appellate courts for consideration of administrative cases are the appellate economic courts and appellate administrative courts, which are formed in the respective appellate districts.
The judicial districts of general and specialized courts do not coincide.
As of today, the appellate districts of general courts have not been created, therefore, the appellate courts in the respective appellate districts are, respectively, the Kiev Court of Appeal, the Court of Appeal of the city of Sevastopol, the Court of Appeal of the Autonomous Republic of Crimea, and the appellate courts of the regions.
To which court an appeal is filed in a civil procedure should be decided based on the administrative unit in which the local general court that issued the appealed decision was located.
The jurisdiction of economic courts as courts of appeal is special and corresponds to the administrative-territorial structure of Ukraine. As of today, there are seven economic courts of appeal in our state: Eastern, Central, Southern, Southwestern, Northern, Northwestern, Western.
To which court an appeal is filed in the economic process should be decided based on which local economic court made the appealed decision, and which appellate district the court that made the corresponding decision belongs to. More information on the boundaries of each judicial district can be found on the website of the respective court of appeal.
The administrative court of appeal is the administrative court of appeal within whose territorial jurisdiction is the local administrative court (local general court as administrative court or district administrative court) that issued the decision. As of today, there are eight administrative courts of appeal in our state, named according to the numbers – First, Second and so on.
To which court an appeal is filed in an administrative proceeding should be decided on the basis of which local general court as an administrative court or a district administrative court adopted the appealed decision, which appellate district the court that made the corresponding decision belongs to. More information on the boundaries of each judicial district can be found on the website of the respective court of appeal.
The criminal process has its own peculiarities: court decisions taken by the court of first instance are appealed through the court that made the decision, and an appeal against the determination of the investigator or the court is filed directly with the court of appeal.
If the decision is rendered by the Court of Appeal as a court of first instance, then the Supreme Court will be the appellate instance for filing a complaint.
How long does it take to file an appeal against a court decision?
The deadline for filing an appeal depends on the procedural code, according to which the decision of the court of first instance was made. The term for an appeal is different and depends on the procedural code on the basis of which it is carried out, and on the type of court decision that is being challenged (determination, decision, sentence).
What is the deadline for filing an appeal in the Civil Procedure Code of Ukraine? Article 354 of the said code establishes a period of thirty days for a court decision and fifteen days for a court ruling from the date of its (her) announcement.
If only the introductory and operative parts of the court decision were announced at the court session, or in the case of consideration of the case (resolution of the issue) without notifying (summoning) the participants in the case, the specified period shall be calculated from the date of drawing up the full court decision.
The term for filing an appeal in the economic process is determined by the Economic Procedural Code of Ukraine and for a court decision it is twenty days, and for a court decision – ten days.
The term for filing an appeal to the administrative court of appeal is determined by Article 295 of the Code of Administrative Procedure of Ukraine. So, for the decision of the court of first instance, it is thirty days, and for the determination – fifteen.
An appeal in criminal proceedings is filed within thirty days from the date of pronouncement of the verdict or ruling on the application or refusal to apply coercive measures of a medical or educational nature, within five days on the ruling of the investigating judge and on the ruling of the court on choosing a measure of restraint in the form of detention , on changing another measure of restraint to a measure of restraint in the form of detention or on the extension of the period of detention, decided during the trial in the court of first instance, and within seven days on other court rulings.
The term of appeal may be renewed if it is missed for good reasons. The legislation does not define a specific list of reasons that are valid and are the basis for the renewal of the missed procedural period. The Court, when ascertaining the reasons for missing the deadline, shall determine whether such a deadline is significant and whether the renewal of such a deadline would interfere with the principle of legal certainty, taking into account the balance of public and private interests.
The appeal is submitted to the court in writing and signed by the complainant or his representative and has several alternative ways of filing with the court.
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