The grounds for revising a court decision that has entered into legal force is the submitted cassation appeal.
Thus, in accordance with the provisions of the Civil Procedure Code of Ukraine (as amended on the territory of the DPR), the parties and other persons who take part in the case, as well as persons who did not take part in the case, if the court decided the issue of their rights, freedoms or obligations have the right to appeal in cassation:
– court decisions of first instance after their revision on appeal, decisions and rulings of the court of appeal, adopted on the basis of the results of the appeal;
– the rulings of the court of first instance specified in paragraphs 1, 3, 4, 13, 14, 15, 16, 17, 18, 20, 24, 25, 26, 27, 28, 29 Part 1 of Article 293 of the Code, after their revision on appeal and determination of the court of appeal, if they interfere with further proceedings on the case.
A cassation appeal may be filed within 20 days from the date of entry into force of the decision (ruling) of the court of appeal. If the specified period is missed for reasons recognized as valid, the judge of the cassation instance, upon the application of the person who filed the complaint, may renew this period.
In accordance with the requirements of Article 326 of the Civil Procedure Code of Ukraine, the cassation appeal is filed in writing and must contain:
1) the name of the court to which the complaint is submitted;
2) the name (designation) of the person filing the complaint, his/her place of residence or location;
3) the name (designation) of the persons participating in the case, their place of residence or location;
4) the decision (determination) that is being appealed;
5) what is the misapplication of substantive law by the court or violation of procedural law;
6) the petition of the person who filed the complaint;
7) a list of written materials attached to the complaint.
The cassation complaint is signed by the person filing the complaint or his/her representative. When filing a cassation appeal, the representative must attach a letter of attorney or other document certifying his/her authority.
Copies of the complaint and the materials attached to the cassation complaint, according to the number of persons taking part in the case, as well as copies of the appealed decisions (rulings) of the courts of first and appeal instances.
The persons taking part in the case have the right to join the cassation appeal submitted by the person on whose side they acted. This right is granted to persons who did not take part in the case if the court decided the issue of their rights and obligations.
An application for joining the cassation appeal may be submitted within 3 days from the date of receipt of a copy of the cassation appeal. A document confirming the payment of the court fee is attached to the application for joining the cassation appeal.
It should be noted that the person who filed the cassation appeal has the right:
– to supplement or amend it during the term for the cassation appeal;
– to withdraw it before the start of the consideration of the case in the court of cassation;
– to refuse it before the end of the cassation proceedings.
In the event of the closure of the cassation proceedings in connection with the refusal to the cassation appeal, the repeated appeal of these decisions, determinations by this person is not allowed.