SC Grand Chamber formulates important legal conclusions on application of procedural law

In case No. 757/47946/19-ц, the Grand Chamber of the Supreme Court examined the issue of the possibility of appealing against the ruling on leaving the application for securing evidence without consideration separately from the court decision.

The Grand Chamber of the Supreme Court concluded that the list of rulings against which an appeal may be filed separately from the court decision is set out in part 1 of Article 353 of the Civil Procedure Code of Ukraine (part 1 of Article 255 of the Commercial Procedure Code of Ukraine). This list is not exhaustive: the ruling referred to in part 1 of Article 353 of the Civil Procedure Code of Ukraine may certainly be appealed separately from the court decision; in the absence of a ruling in this list, the court shall establish and assess whether this ruling prevents further proceedings in the case and/or whether it may be appealed together with the court decision (i.e. whether the person filing the appeal has the opportunity to restore his procedural rights in another way).

The ruling on leaving the application for securing evidence without consideration is not subject to appeal separately from the court decision, since, firstly, such a ruling is not included in the list provided in part 1 of Article 353 of the Civil Procedure Code of Ukraine (part 1 of Article 255 of the Commercial Procedure Code of Ukraine), and secondly, this ruling does not prevent further proceedings in the case, and the applicant is not deprived of the opportunity to include his objections to this ruling in the appeal against the court decision made on the merits of the dispute.

Resolution of the Grand Chamber of the Supreme Court of 13 November 2024 in case No. 757/47946/19-ц (proceedings No. 14-37цс23) - https://reyestr.court.gov.ua/Review/123481393.

Also, in case No. 806/5175/14, the Grand Chamber of the Supreme Court decided on the possibility of appealing against the ruling dismissing the motion to reopen the proceedings separately from the court decision.

The SC Grand Chamber concluded that the rulings of the court of first instance, which are not listed in Article 294 of the Code of Administrative Proceedings of Ukraine, may be appealed separately from the court decision if they prevent further proceedings in the case and the person filing the appeal cannot restore his/her rights in any other way than by appealing the ruling of the court of first instance separately from the court decision.

The ruling of the court of first instance refusing to reopen the proceedings is subject to appeal separately from the court decision as such that prevents further proceedings in the case.

Resolution of the Grand Chamber of the Supreme Court of 21 November 2024 in case No. 806/5175/14 (proceedings No. 11-227апп24) - https://reyestr.court.gov.ua/Review/123283346.

In case No. 186/871/14-ц, the Grand Chamber of the Supreme Court formulated conclusions on the impossibility of closing proceedings on a re-submitted application for issuance of a duplicate of an enforcement document / replacement of a party to enforcement proceedings, in particular, if there is a court decision to refuse to renew the deadline for submission of an enforcement document for execution.

The Grand Chamber of the Supreme Court noted that the decision to dismiss the application for issuance of a duplicate of the enforcement document, issued when the court resolves a procedural issue related to the enforcement of a court decision, cannot be a ground for closing the proceedings under paragraph 3 of part 1 of Article 255 of the Civil Procedure Code of Ukraine (paragraph 3 of part 1 of Article 231 of the Commercial Procedure Code of Ukraine).

An application (submission of a public/private enforcement officer) on procedural issues related to the enforcement of court decisions in civil (commercial) cases, including the issuance of a duplicate of an enforcement document, is subject to consideration without opening proceedings in the case.

Therefore, the public/private enforcement officer or the applicant has the right to apply to the court with a relevant petition or application aimed at implementing Article 129 of the Constitution of Ukraine regarding the binding nature of a court decision as many times as necessary to enforce the court decision (except as provided for in Article 44 of the Civil Procedure Code of Ukraine).

Resolution of the Grand Chamber of the Supreme Court of 13 November 2024 in case No. 186/871/14-ц (proceedings No. 14-97цс24) - https://reyestr.court.gov.ua/Review/123410904.

These and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.