Exclusively in Ukrainian: The Supreme Court Explained in Which Language Appeals and Cassation Appeals Should Be Presented

If a person appeals against a court decision, his/her appeal or cassation appeal must be written in Ukrainian. And such a requirement in no way hinders access to justice and does not restrict the rights of participants in proceedings on the basis of language, because they are guaranteed the right to use their native language or the language they know in the trial, and, if necessary, the services of an interpreter.

This is stated in the resolution of the joint chamber of the Criminal Cassation Court within the Supreme Court, which considered the cassation appeal of the defender of a Turkish citizen. Thus, the foreigner filed an appeal with the court of appeal against the ruling of the local court to extend the measure of restraint in the form of custody. In this complaint, the foreigner indicated in Ukrainian the name of the court to which it is submitted, his identity, and stated that the contested court decision is the aforementioned ruling. The other text of the complaint was presented in a foreign language.

The court of appeal returned this appeal. The joint chamber of the Criminal Cassation Court within the Supreme Court agreed with this decision, noting that the court of appeal had correctly returned the complaint drawn up in a non-Ukrainian language to the person who had filed it, since a systematic analysis of the provisions of the Criminal Procedural Code of Ukraine gave reason to conclude that it was impossible to leave such a complaint without motion.

In addition, as stated by the court of cassation, the procedural legislation does not provide for the involvement of a translator for the translation of the procedural documents to be handed over to the investigating judge, the court, which are written in a non-state language. In addition, until the complaint is accepted for consideration, the investigating judge, the court is deprived of the opportunity to make procedural decisions, including the one regarding the involvement of a translator.

Under such circumstances, the documents, whose verification and / or consideration may result in the commencement of judicial control at the stage of pre-trial investigation, consideration of an appeal, or opening an appeal (cassation) proceeding, must be written in Ukrainian (translated into Ukrainian).

More details on the resolution of September 19, 2022 in case No. 521/12324/18 (proceedings No. 51-5817кмо21) and the formed conclusion of the joint chamber of the Criminal Cassation Court within the Supreme Court on the application of the law can be found at the link https://reyestr.court.gov.ua/Review/106426687.

This and other legal positions of the Supreme Court can be found in the Database of Legal Positions of the Supreme Court - lpd.court.gov.ua/login.