Why objections to the opening of appeal proceedings do not work

Advocacy
12:19 Fri 25.10.24 106 Reviews
Print

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

Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

Advocacy

Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

On June 19, at the premises of the military medical commission, where a bus from the Krasnograd Territorial Center for Recruitment and Social Support delivered several people, an incident occurred involving the use of physical force against an advocate.

13:34 Fri 20.06.25 133
Independence of advocacy and accountability of expertise: different models, shared responsibility

Advocacy

Independence of advocacy and accountability of expertise: different models, shared responsibility

Two different models of professional organization coexist in Ukraine: advocacy with established self-government and judicial and expert activities that remain under state control. How can approaches be balanced, the openness of expert opinions ensured, and effective interaction between specialists established?

18:02 Mon 16.06.25 100
The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of the HQCJ

Advocacy

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of t…

On June 13, 2025, Lidiya Izovitova, President of the Bar Council of Ukraine, addressed Grigory Usik, Head of the High Council of Justice, regarding the violation of the deadlines for forming a new composition of the Competition Commission for the selection of members of the High Qualification Commission of Judges of Ukraine.

17:29 Fri 13.06.25 137
UNBA calls for compliance with Council of Europe standards for the legal profession

Advocacy

UNBA calls for compliance with Council of Europe standards for the legal profession

The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

14:19 Fri 06.06.25 151
Mobilization of advocates in court: UNBA records another case of pressure

Advocacy

Mobilization of advocates in court: UNBA records another case of pressure

The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

16:35 Fri 30.05.25 232
BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

Advocacy

BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

17:34 Wed 14.05.25 173
Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Advocacy

Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Thirteen member states of the Council of Europe have signed the Convention on the Protection of the Profession of Advocate, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.

9:28 Wed 14.05.25 212
BCU initiates resolution of the issue of visits by advocates to convicted persons

Advocacy

BCU initiates resolution of the issue of visits by advocates to convicted persons

Article 110 of the Criminal Enforcement Code guarantees convicted persons confidentiality of meetings with their advocate. One of the important elements is the possibility to communicate with an advocate in a room without a solid partition. In practice, this provision of the law is systematically violated.

12:32 Wed 07.05.25 150

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл