Appeal Review: What Decisions the Court Can Make
The Kherson Court of Appeal reminded that appeal review is a key element of the Ukrainian justice system, ensuring the verification of the legality and validity of decisions of courts of first instance, correcting errors, and protecting the rights of case participants.
The main forms of decisions are rulings (civil) and orders (criminal and administrative offenses). Procedural issues are resolved by orders.
Based on the results of the appeal complaint review against the decision of the court of first instance, the appellate court, according to Article 374 of the Civil Procedure Code of Ukraine, has the right to:
- leave the court decision unchanged and dismiss the complaint;
- cancel the court decision fully or partially and make a new decision in the relevant part or change the decision;
- declare the court decision of the court of first instance invalid in whole or in part in cases provided by the Civil Procedure Code of Ukraine and close proceedings in the case in the relevant part;
- cancel the court decision fully or partially and in the relevant part close proceedings in the case or leave the claim without consideration fully or partially;
- cancel the court decision and send the case for further consideration to the court of first instance according to established jurisdiction;
- cancel an order that hinders further proceedings in the case and send the case for further consideration to the court of first instance;
- cancel an order to open proceedings in the case with violation of jurisdiction rules and send the case for consideration to the proper court of first instance;
- in cases provided by law, cancel its own ruling (fully or partially) and make one of the decisions specified in points 1–7 of part 1 of Article 374 of the Civil Procedure Code of Ukraine.
If the subject of the appeal review is an order of the court of first instance, the appellate court, based on its review, issues an order (Article 381 of the Civil Procedure Code of Ukraine), which may leave the order unchanged, cancel it fully or partially, change it, or decide on the merits within the powers granted by procedural law.
As a result of the appeal review in a criminal proceeding, the appellate court issues an order, and in the case of overturning the verdict of the court of first instance and making a new substantive decision, issues a new verdict (Article 418 of the Criminal Procedure Code of Ukraine).
According to Article 407 of the Criminal Procedure Code of Ukraine, following the appeal review, the appellate court has the right to:
- leave the verdict or order unchanged;
- change the verdict or order;
- cancel the verdict fully or partially and issue a new verdict;
- cancel the order fully or partially and issue a new order;
- cancel the verdict or order and close the criminal proceedings;
- cancel the verdict or order and appoint a new trial in the court of first instance;
- cancel the verdict of the court of first instance and issue its own order;
- cancel the order of the court of first instance and issue its own verdict.
According to Article 315 of the Code of Administrative Procedure of Ukraine, the appellate court, based on the results of the appeal complaint review, has the right to:
- dismiss the appeal complaint and leave the court decision unchanged;
- cancel the court decision fully or partially and make a new court decision in the relevant part or change the court decision;
- cancel the court decision fully or partially and in the relevant part close proceedings in the case or leave the claim without consideration fully or partially;
- declare the court decision of the court of first instance invalid fully or partially in cases defined by the Code of Administrative Procedure of Ukraine;
- cancel the court decision and send the case for a new trial to the court of first instance;
- cancel the court decision and send the case according to established jurisdiction to another court of first instance;
- in cases provided by law, cancel its own ruling fully or partially and make one of the decisions provided by Article 315 of the Code of Administrative Procedure of Ukraine.
"This structure allows the appellate instance to effectively correct errors of the first instance, ensuring the fairness of justice," the court added.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our page on Facebook and on Instagram to stay informed about the most important events.
