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Preparation of cassation appeal on economic case
working days
The need for cassation appeal arises if one of the parties to a dispute in an economic case does not agree with the verdict of the court of first instance, reviewed on appeal, or the decision of the court of appeal. Cancellation of the previous decision (ruling) in economic, as well as in civil and administrative cases, is possible only if violations of the norms of justice are revealed.
The court of cassation within the Supreme Court of Justice has the right to:
- recognize the validity of the decision of one of the instances;
- change the verdict of the court of first or appellate instance;
- Abolish one of the rulings in whole or in part and adopt a new decision;
- cancel judicial decisions, referring the case for reconsideration or stopping the proceedings with leaving the claim without consideration in whole or in a separate part.
Turning for help to the lawyers of Legal Solutions, you will increase your chances for a favorable outcome of the proceedings. Experienced lawyers will assess your chances of winning the dispute, help with the preparation of documents, protect your interests in court.
Peculiarities of consideration of cassation appeals in the economic process
According to the laws of Ukraine to the economic accepted to refer to the cases, the parties to which are business entities - FLP or legal entities. These include, in particular, proceedings relating to:
- non-fulfillment or improper fulfillment of the terms of contracts of sale, supply, lease, transportation and others (service: License for transport transportation);
- modification of conditions, termination, invalidation of contracts;
- collection of debts, reimbursement of losses, lost profits;
- payment of interest, fines, penalties;
- objections against unlawful actions of creditors.
Article 287 of the Code of Economic Procedure defines a list of cases that are not subject to cassation proceedings. These include minor disputes, as well as rulings and determinations, which are considered on appeal by the Supreme Court.
The complaint shall be made in writing and shall contain:
- the name of the court;
- information about the parties and third parties (full name of the individual, name of the company; addresses; identification codes);
- the content of the decisions that are subject to appeal;
- justification of the incorrect application of the norms of substantive or procedural law;
- the plaintiff's claims;
- list of documents attached to the appeal.
The document shall be filed within 20 days after the proclamation of the decision of the local or appellate court.
What is included in the legal services on appealing against the decisions of economic courts in the cassation procedure
Attorneys of Legal Solutions:
- study the case materials in detail, review the verdicts of the judges of the first and appellate instances;
- provide consultations to clients;
- calculate legal risks, collect evidence;
- prepare the text of the claim, submit documents to the court;
- represent the client's interests during the session.
We guarantee the confidentiality of information studied in the framework of the case.
On questions of drawing up a complaint and legal defense in the court of cassation, please contact any of the phones listed on the site, or leave a request for a callback.
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