On February 8, 2020, an improved procedure for the consideration of cases in the Supreme Court of Ukraine entered into force, which introduced new rules for filing cassation appeals.
According to the new procedure, a cassation appeal could be filed if:
– the court of appeal applied the rule of law without considering the conclusion of the Supreme Court. Moreover, if the Supreme Court has already departed from such a conclusion, the decision cannot be appealed;
– the need to depart from the applicable conclusion of the Supreme Court is motivated;
– there is no conclusion of the Supreme Court on the application of the rule in such a legal case;
– the decision was made in violation of jurisdiction, incomplete composition of the court, in the absence of a participant in the case without evidence of proper notice, etc.
Minor matters in the commercial process
Court of cassation cannot appeal against court decisions in economical disputes with claims of less than 500 living wages for able-bodied persons (UAH 1,051 million at the beginning of 2020).
However, this restriction does not apply if:
– the appeal concerns a legal issue, which is fundamental to the formation of a unified law enforcement practice;
– the case is of significant public interest or is of exceptional importance to the party to the process;
– the trial court classified the case as minor by mistake.