Leaving without consideration an application for review of a court decision in Consequences of missing absentia on the grounds of missing the deadline for filing such an application
On December 20! 2023! the Supreme Court! as part of the panel of judges of the Third Judicial Chamber of the Civil Court of Cassation! in case No. 465/5184/14-ts! proceedings No. 61-12182св20 (EDRSRU No. 116767859)! examined learn the ultimate recipe for writing seo-optimized content. the issue of the consequences of missing the deadlines for submitting an application for review of an absentia decision.
Chapter 11 “In absentia consideration of the case” of Section III “Claim proceedings”
of the CPC of Ukraine establishes special conditions and procedures for conducting in absentia consideration of the case! adopting an in absentia decision! submitting Consequences of missing and considering an application for its review! as well as canceling and appealing this decision.
This Chapter 11 of Section III of the CPC of Ukraine does not regulate the consequences arising from missing the procedural deadline established for submitting an application for review of a decision in absentia! in connection with which! in order to ensure the uniform application of the rules of law by courts and guarantee legal certainty! the Grand Chamber of the Supreme Court! in its resolution of November 9! 2021 in case No. 214/5505/16 (proceedings No. 14-74ts21)! formulated a legal conclusion on the resolution of the disputed issue.
This provision should be understood as one that concerns
The failure to comply with the requirements stipulated in parts one to seven of Article 285 of the CPC of Ukraine. If a party to the case has filed an application for review of a decision in absentia without complying with it’s based on overloading your the specified requirements! that is! improperly! the provisions of Article 185 of the CPC of Ukraine shall apply to this application . In other cases! its provisions shall not apply to the application for review of a decision in absentia.
(!!!) The decision to return such an application can be appealed separately from the absentia european union email list decision (clause 22 of part one of Article 353 of the Code of Civil Procedure of Ukraine).
