Drafting an appellate complaint against a court decision in Kyiv

A decision of the court of first instance can be contested on appeal. Appellate complaints can be filed in all cases without exception.

The following persons are entitled to file an appellate complaint:

To file an appeal against a court decision in a civil case or criminal proceedings, mere disagreement with the court’s position is not sufficient. It is logical to assume: if there is a dispute, there are two positions, one of which, in the opinion of the court of first instance, better complies with the requirements of the law. A lawyer who undertakes to draft an appellate complaint must, within the framework of the legislation in force in Ukraine, write a procedural document in such a way that all the shortcomings of the contested decision are visible to the court. The ability to draft an appeal is not inherent to all lawyers, and you should choose professionals who deserve trust.

In order to correctly file a complaint with the Appellate Court, the applicant must indicate the following information in their application:

An appeal against the verdict of the district court will be needed in the following cases:

• the claim was denied in full;
• the district court issued a verdict that needs to be challenged for one reason or another;
• the plaintiff believes that an incorrect or biased decision was rendered by the court.

A private complaint will also be useful if the applicant himself asks the court to overturn a previously issued verdict or wishes a new one to be rendered.

Usually, the consideration of such petitions takes from 30 to 60 days inclusive.

Such a petition may be filed not only by the applicant, but also by the defendant, as well as by third parties whose rights were violated by an unfair decision. According to the Civil Procedure Code of Ukraine, the time limit for filing an appeal is 10 days after the announcement of the decision, and such a complaint against a court verdict is filed with the higher court above the one that issued the decision.

The following circumstances must be substantiated in such a complaint:

• what exactly constitutes the unfairness of the issued decision or verdict;
• new facts and evidence that can challenge the evidence used by the court of first instance;
• the applicant’s claims (annulment of the decision in full or its partial amendment).

The filing of an appeal consists of two main stages:

• an application is filed confirming the applicant’s intention to challenge the verdict;
• an appellate complaint against the decision of the court of first instance is filed.

A sample appeal form is posted on our website.

Please note that there are specific time limits for filing an appellate complaint. For example, an appeal in commercial proceedings can be filed with the Commercial Appellate Court within 10 days from the moment the decision is pronounced by the local commercial court. The same period applies to appeals in civil cases. A longer period for appealing a first-instance court decision is provided in criminal proceedings. Thus, a criminal sentence may be appealed within one month, while other decisions — within 7 days.

The success of any appellate complaint largely depends on its proper drafting. Even a small mistake may result in the complaint being returned or left without consideration. Therefore, it makes sense to entrust the drafting of an appeal to professionals.

Our company’s specialists provide legal services for drafting appellate complaints and representing your interests in various Appellate Courts.

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Sample appellate complaint

To correctly draft an appellate complaint in compliance with legal requirements, you should use a sample of this document. It is important to account for all the nuances of the appeal in each specific case.

You can use a sample appellate complaint as an example. However, keep in mind that this form is not a final version and requires refinement by a lawyer. Depending on your situation, sections may be added or, conversely, some provisions may be removed.

In order for a higher court to review the decision of a lower court in the prescribed manner, the deadlines for filing an appeal must be observed.

To start the appeal procedure, an appropriate application must be drafted. For a court decision of the first instance this period is 5 days, and for rulings — 10 days. After filing the specified application, the appellant is granted a longer period. For rulings of courts of first instance the period for filing an appellate complaint is 20 days, counted from the moment the application was filed; for determinations — 10 days. This rule applies to administrative proceedings.

If a review is required for a case decided in civil proceedings, then one should follow the norms of civil procedural legislation. According to them, appeal deadlines in civil cases are 10 days for appealing decisions issued by the court of first instance, and 5 days for determinations. Note that the period must be calculated from the day the decision was made. For persons who were absent from the judicial process, it is counted from the moment they received a copy of the document that can be appealed.

As for sentences resulting from criminal cases, 30 days are provided from the moment they are issued. A similar period of time is also provided for rulings on the application or refusal to apply compulsory educational or medical measures. For appealing determinations issued during the course of a criminal case, 7 days are provided.

In situations where the appeal complies with all the requirements of current legislation, the judge issues an order to open appellate proceedings. At the same time, the timeframes for consideration of an appellate complaint in a criminal case are determined by the procedural norms governing the trial in courts of first instance.

Please note that the timeframes for consideration of an appellate complaint directly depend on which document is being appealed. If it concerns a ruling, the court is given one month to review the case on the merits. If a determination is being appealed, appellate consideration within administrative proceedings may take up to 15 days.

As for civil proceedings, two months are provided to review the decision of the court of first instance from the day the complaint was accepted for consideration. If a ruling is being appealed, the review period is 15 days.

Advantages of the company

If you wish to challenge an illegal or unjustified decision, ruling or determination issued by the court of first instance, you should seek help from a professional lawyer. They will help draft the appeal in a timely manner and in accordance with all substantive and procedural requirements. If the deadline was missed due to valid reasons, our specialists will prepare a motion to restore it.

By using the services of highly qualified lawyers, you will not have to worry that an unlawfully issued decision will go unchallenged, and justice will prevail.

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Sample statement of claim for annulment of rulings

As a rule, a statement of claim for annulment of rulings includes:

• the name of the court to which this petition is filed;
• information about the defendant and other parties to the proceedings (most often a petition is filed to annul a ruling in an administrative case issued by an official);
• the reasons why the ruling should be annulled (this must necessarily include references to the legal norms that justify the plaintiff’s position);
• a list of attached documents (a copy of the ruling to be annulled and other documents must be included).

Download sample