Cassation Appeals

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Cassation is the second stage of challenging a court decision.

The following decisions may be challenged before the Supreme Court by way of cassation:

1) decisions of courts of first instance following their review
on appeal, as well as decisions and rulings of appellate courts issued
following appellate review;

2) rulings of courts of first instance following their review on appeal, and rulings of appellate courts, where they prevent further proceedings in the case.

The grounds for a cassation appeal are the incorrect application of substantive law or breaches of procedural law. In cassation proceedings, the court examines, within the scope of the cassation appeal, whether the court of first instance or the appellate court correctly applied substantive or procedural law. The court cannot establish
or deem proven facts that were not established in the judicial decision or were rejected by it, determine the reliability or unreliability of particular evidence, or decide that some evidence should be preferred over other evidence. The court reviews the legality of judicial decisions only within the scope of the claims brought before the court of first instance.

A cassation appeal may be lodged within the time limit prescribed by law, calculated from the date on which the appellate court’s decision or ruling enters into legal force, generally upon its pronouncement. However, if the time limit has been missed, it may be reinstated upon an application submitted by you or your advocate, provided that the court considers the reasons for the delay valid. A cassation appeal is lodged directly with the court of cassation.

The cost of preparing a cassation appeal, a response to a cassation appeal, objections, an application for reinstatement of a procedural time limit or a withdrawal of an appeal ranges from UAH 3,000 to UAH 10,000, depending on the complexity of the case and the client’s financial circumstances.

Fees for military personnel and pensioners may be reduced by up to 50%.

Participation of an advocate, where required, in a hearing before the court of cassation is charged separately at UAH 3,500.

Legal consultation (45 minutes) – UAH 300.

Where a review of the case materials is necessary because the advocates of our Advocate Bureau have not previously represented your interests in the case, the fee for reviewing those materials is UAH 1,000.

The advocate’s travel expenses to attend court are also charged separately.

The advocate’s fees for handling a cassation appeal do not include the court fee payable for lodging the cassation appeal. This fee is paid separately by the client unless the client is exempt from payment under the Law of Ukraine “On Court Fees”.