A first-instance court ruling correcting a clerical error in an order scheduling a preparatory hearing is not subject to separate appellate review apart from the court’s decision – SC GC

A ruling on the correction of a clerical error in a court order is subject to appellate review if the underlying order to which the correction is made, taking into account the amendments (corrections), belongs to the category of rulings that may be appealed separately from the court’s decision (Part 1 of Article 255 of the Commercial Procedure Code of Ukraine; Part 2 of Article 353 of the Civil Procedure Code of Ukraine).

This conclusion was made by the Grand Chamber of the Supreme Court.

The claimant filed a lawsuit seeking to declare unlawful and annul a decision of a village council granting the defendant a land lease, to invalidate the lease agreement, and to cancel the decision on state registration. The court accepted the statement of claim, opened proceedings in the case, and scheduled a preparatory hearing. Subsequently, the court issued a ruling correcting a clerical error in the order scheduling the preparatory hearing, changing the date and time.

The defendant filed an appeal against the ruling correcting the clerical error; however, the appellate court returned the appeal, noting that the challenged ruling, which resolved procedural issues related to the progress of the case, cannot be appealed separately from the decision of the court of first instance.

Upon review of the case, the Grand Chamber of the Supreme Court emphasized that a ruling correcting a clerical error in either a judgment or a court order constitutes an integral part of the procedural document to which the corrections are made, without altering either its substance or the grounds on which it is based.

When determining whether a ruling correcting a clerical or arithmetic error in a judicial decision may be appealed, the court must consider the specific procedural document to which the corrections are made, the nature of that judicial decision as amended, and whether the procedural code provides for the possibility of appealing that document (in particular, where it concerns an order separate from the final decision).

At the same time, a ruling correcting a clerical error in a court judgment is subject to appellate review pursuant to paragraph 18 of Part 1 of Article 255 of the Commercial Procedure Code of Ukraine (paragraph 19 of Part 1 of Article 353 of the Civil Procedure Code of Ukraine).

Under paragraph 18 of Part 1 of Article 255 of the Commercial Procedure Code of Ukraine, the term “making corrections to a decision” refers specifically to corrections made to a court judgment. At the same time, a ruling correcting a clerical error in a court order is subject to appellate review only if the underlying order to which the correction is made, taking into account the amendments (corrections), falls within the category of rulings that may be appealed separately from the court’s decision – specifically, if it is included in the list set out in Part 1 of Article 255 of the Commercial Procedure Code of Ukraine (Part 2 of Article 353 of the Civil Procedure Code of Ukraine) as such.

The Grand Chamber of the Supreme Court noted that a ruling on the scheduling of a court hearing is not included in the list of rulings that may be appealed separately from the court’s decision, as defined in Article 255 of the Commercial Procedure Code of Ukraine.

Therefore, a ruling of a first-instance court correcting a clerical error in its own order that sets the date and time of preparatory proceedings is not subject to separate appellate review apart from the court’s decision.

Accordingly, the appellate court, in returning the appeal lodged against the ruling correcting the clerical error, correctly concluded that such a ruling is not subject to separate appellate review, and that the defendant is not deprived of the opportunity to include objections to that ruling in an appeal against the court’s decision on the merits of the dispute.

Resolution of the Grand Chamber of the Supreme Court of 19 November 2025 in case No. 916/992/25 – https://reyestr.court.gov.ua/Review/132391394. 

This 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.