Why objections to the opening of appeal proceedings do not work
In order to improve the efficiency of the process, the Verkhovna Rada is proposed to grant participants in civil and administrative cases the right to file objections to the opening of appeal proceedings before they are opened. However, such an initiative will have no practical value.
This was noted by the Committee of the Ukrainian National Bar Association on Civil Law and Procedure following the analysis of Draft Law No. 12061 of 24.09.2024 «On Amendments to the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine regarding certain rights of participants in cases».
Thus, Articles 359 of the Civil Procedure Code and 300 of the Code of Administrative Procedure define the rules for opening appeal proceedings. The Draft proposes to supplement them with the provision that «before the opening of the appeal proceedings, the parties to the case have the right to file an objection to the opening of the appeal proceedings».
The UNBA noted that a similar provision is already contained in Part 2 of Article 262 of the Commercial Procedure Code, but it is declarative and has not been effectively applied and implemented since its introduction.
One of the purposes of granting the parties to the commercial proceedings the right to file objections to the opening of the appeal proceedings was to provide an opportunity to object to the appellant's filing of an appeal, in the absence of the right to appeal the decision to open the appeal proceedings. However, the EPC, while declaring the right to file such objections, does not contain an effective form of exercising this right that would contribute to achieving the ultimate goal (in particular, taking into account the arguments set forth in the objections by the court of appeal when deciding to open or refuse to open the appeal proceedings).
According to the Unified State Register of Court Decisions, the percentage of exercising the right to file objections to the opening of appeal proceedings is less than 1%. In most cases, such objections are limited to setting out the circumstances that are reviewed by the appellate court when considering the case on the merits, and not at the stage of opening the appeal proceedings. Therefore, the appellate courts do not take into account such content of the objection when opening the appeal proceedings, but are guided solely by Articles 260 and 261 of the EPC.
Therefore, even if we assume the effectiveness of filing objections before the opening of the appeal proceedings, it is still necessary to provide an expanded interpretation of the requirements and criteria for the content, preparation and procedure for filing such objections with the court by analogy with Articles 178, 360 of the Code of Civil Procedure.
However, since the provision enshrined in part 2 of Article 262 of the EPC has not been implemented in practice, supplementing the Code of Civil Procedure and the Code of Administrative Procedure with a similar provision will be inappropriate and ineffective.
For full comments and suggestions to the Draft Law No. 12061, please follow the link.
Popular news
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Access to the advocate profession: a subgroup has identified the direction of change
On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.
Appointment
A representative of the UNBA has arrived in Cairo
Advocate Irena Maria Ostrozka-Sangushko has been appointed as the representative of the Ukrainian National Bar Association in the Arab Republic of Egypt, in the city of Cairo. The corresponding Order No. 80, dated March 10, 2026, was signed by the President of the UNBA, BCU Lidiya Izovitova.
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Abroad
Where does legal information end and legal assistance begin?
Law firms find themselves in a dilemma: they want to make the most of artificial intelligence, but at the same time, more and more people are entrusting their legal matters to large language models. And this, as experts point out, entails countless risks.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates