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Filing an appeal

Requirements for an appeal

Procedure for filing an appeal 

 

Requirements for an appeal

In accordance with Part 1 of Article 296 of the Code of Administrative Proceedings of Ukraine, an appeal shall be filed in writing.

In appeal provides next information:

1) name of the court of appeal, to which an appeal is filed;

2) name of the first instance court that upheld a decision, the case number and the date of the decision upholding;

3) full name (for legal entities) or name (last name, first name and patronymic) (for individuals) of the person filing an appeal, its location (for legal entities) or place of residence or stay (for individuals), zip code, legal entity identification code in the Unified State Register of Enterprises and Organizations of Ukraine, registration number of the taxpayer’s registration card (for individuals) or passport number and series for individuals - citizens of Ukraine, phone numbers  an e-mail and official e-mail address;

4) full name (for legal entities) or name (last name, first name and patronymic) (for individuals) of other participants in the case, their location (for legal entities) or place of residence or stay (for individuals);

5) requirements of the person filing the appeal to the court of appeal;

6) foundation of requirements of a person who filed the appeal, indicating what is the incorrectness or incompleteness of the examine of evidences and the establishment of circumstances in the case and (or) administration of law;

7) if necessary, a procedural request of the person filing an appeal to demand new evidence, to call witnesses and so on;

8) receipt date of the copy of the judgment of the first instance court, which are appealed;

9) list of materials to be added 

A decision may contain a procedural request of the person to consider the case with her participation. In the absence of such a request, it is considered that the person does not wish to participate in the court hearing of the court of appeal.

If an appeal contains new evidences that were not presented to the first instance court, then it indicates the reason why these evidences were not provided.

An appeal shall be accompanied by:

1) document on payment of court fee;

2) copies of an appeal with regard to the number of participants in the case;

3) copies of written materials, that are not available to case participants, attached to an appeal, with regard to the number of participants of the case;

4) evidence supporting the date of receipt of a copy of an appealed court ruling by a court of first instance, if available.

If an appeal is filed by a person exempted from court fees in accordance with the law, reasons for the exemption from court fees should be identified. 

  


Procedure for filing an appeal 

IMPORTANT! 

On December 15, 2017, the Code of Administrative Proceedings of Ukraine came into force in a new version! However, the procedure for filing appeals REMAINS UNCHANGED, until UJITS (Unified Judicial Information and Telecommunication System) is operable.

According to the par. 15.5 of section VII “Transitional Period Provisions” of the Code of Administrative Proceedings of Ukraine, by the day the Unified Judicial Information and Telecommunication System (JITS) begins to function, the appeals procedure and forwarding appeals to the court of appeal are maintained, it was established by the Code of Administrative Proceedings of Ukraine last updated on December 15 2017.

An appeal should be submitted to the administrative court of appeal through a court of first instance, which ruled on a contested judgment and a court of first instance sends it together with a case to the administrative court of appeal within three days after the expiration of the term for filing an appeal.

You can follow the news on the introduction of JITS on this website: https://dsa.court.gov.ua/dsa/inshe/esits/

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