New Rules on Appealing Court Orders to Be Established in the CPC and the HCC
A draft law No. 15279 has been submitted to the Verkhovna Rada, proposing to supplement the Civil Procedure Code of Ukraine and the Commercial Procedure Code of Ukraine with provisions regarding approaches to appealing court orders not included in the list of orders that are appealed separately from the court decision.
The need for changes is due to the established practice of the Supreme Court and the conclusions of the Constitutional Court of Ukraine.
The authors of the draft law draw attention to the Supreme Court ruling No. 925/159/25 dated September 16, 2025, which states that from the content of the ruling of the Grand Chamber of the Supreme Court dated November 13, 2014, in case No. 757/47946/19, it follows that the united chamber of the Cassation Civil Court within the Supreme Court, taking into account the conclusions of the Constitutional Court of Ukraine when applying procedural law norms regarding the right to appeal court orders of the first instance, consistently formulated an approach according to which orders are subject to appellate appeal.
The approach is based on the idea of the indispensability of respecting a person's constitutional right to judicial protection. At the same time, the Grand Chamber of the Supreme Court detailed the essence of this approach as follows:
1) Orders, the possibility of appealing which is explicitly indicated in part one of Article 353 of the Civil Procedure Code of Ukraine (Article 255 of the Commercial Procedure Code of Ukraine), are independent objects of appellate appeal;
2) Objections to orders that are not subject to separate appeal from the court decision are included in the appeal against the court decision (part two of Article 353 of the Civil Procedure Code of Ukraine, Article 255 of the Commercial Procedure Code of Ukraine);
3) Court orders which, depending on their content and the stage of the process, cannot be appealed by including objections in the court decision, may be appealed separately from the decision if this is caused by the need for judicial protection of the procedural rights and interests of the person.
Accordingly, the draft law proposes to supplement the Civil Procedure Code of Ukraine and the Commercial Procedure Code of Ukraine with provisions regarding approaches to appealing court orders not included in the list of orders that are appealed separately from the court decision.
In particular, it is defined that court orders which, depending on their content and the stage of the process, cannot be appealed by including objections in the court decision, may be appealed separately if this is necessary to protect the procedural rights and interests of the person.
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