Cassation Appeal to the Supreme Court of Ukraine • DSA GROUP

A cassation appeal asks the Supreme Court to check whether the courts of first instance and appeal applied the law correctly. Unlike an appeal, the Supreme Court does not reassess the evidence or establish new facts, and it does not accept a cassation appeal against every decision or on any grounds. A cassation appeal is therefore prepared differently from an appeal (see How to Appeal a Court Decision in Ukraine). Below: what can be challenged, on what grounds, within what deadlines, how to draft the appeal and how much to pay in civil, commercial, administrative and criminal cases.

In all these cases the court of cassation is the Supreme Court (Article 388 of the Civil Procedure Code of Ukraine (CPC), Article 286 of the Commercial Procedure Code (CommPC), Article 327 of the Code of Administrative Procedure (CAP), part 3 of Article 33 of the Criminal Procedure Code (CrPC)).

Which decisions can be challenged

Civil, commercial and administrative cases: a judgment of the court of first instance after review on appeal and the decision of the appellate court, as well as certain rulings, which are listed in part 1 of Article 389 CPC, part 1 of Article 287 CommPC and parts 1–3 of Article 328 CAP. As a rule, therefore, there is no route to cassation without an appeal first.
Criminal proceedings: verdicts and rulings on applying or refusing to apply compulsory measures of a medical or educational nature, after review on appeal, and the appellate court’s decisions on them; other rulings, if they prevent the proceedings from continuing (parts 1 and 2 of Article 424 CrPC). Rulings of an investigating judge cannot be challenged in cassation (part 4 of Article 424 CrPC). A verdict based on an agreement can be challenged only on the grounds expressly listed in part 3 of Article 424 CrPC.
A person who did not take part in the case but whose rights or obligations the court decided on may file a cassation appeal only after the decision has been reviewed on their own appeal; the exception is where the decision on their rights was made directly by the appellate court (part 4 of Article 389 CPC, part 4 of Article 287 CommPC, part 6 of Article 328 CAP).

The cassation filter: what cannot be challenged

The following decisions are not open to cassation appeal:

in civil cases, decisions in minor cases and in cases where the value of the claim does not exceed 250 subsistence minimums for able-bodied persons, that is, UAH 832,000 in 2026 (item 2 of part 3 of Article 389 CPC). Minor cases under the CPC include, in particular, claims worth up to 30 subsistence minimums (UAH 99,840), child maintenance cases and divorce cases (part 6 of Article 19 CPC);
in commercial cases, decisions in minor cases and in cases where the value of the claim does not exceed 500 subsistence minimums, that is, UAH 1,664,000 (item 2 of part 3 of Article 287 CommPC);
in administrative cases, decisions in cases of minor complexity and other cases heard under the simplified claim procedure, except those that must be heard under the general claim procedure (item 2 of part 5 of Article 328 CAP).

The subsistence minimum is taken as at 1 January of the year in which the appeal is filed (part 9 of Article 19 CPC, part 7 of Article 12 CommPC). The filter does not apply if:

the appeal concerns a point of law of fundamental importance for uniform case law;
under the code, the appellant cannot challenge the facts established by the decision under appeal in another case;
the case is of significant public interest or of exceptional importance to the appellant;
the court of first instance wrongly classified the case as minor (of minor complexity).

These exceptions must be argued in the cassation appeal itself.

Grounds for a cassation appeal

A judgment on the merits and the decision of the appellate court can be challenged only for incorrect application of substantive law or breach of procedural law, and only in the following cases (part 2 of Article 389 CPC, part 2 of Article 287 CommPC, part 4 of Article 328 CAP):

the appellate court applied a legal provision without taking into account the Supreme Court’s conclusion on its application in similar legal relationships (unless the Supreme Court has departed from that conclusion);
the appellant gives reasons why the Supreme Court should depart from such a conclusion applied by the appellate court;
there is no Supreme Court conclusion on the application of that provision in similar legal relationships;
there are procedural breaches that require the decision to be set aside (parts 1 and 3 of Article 411 CPC, parts 1 and 3 of Article 310 CommPC, parts 2 and 3 of Article 353 CAP). Under the CPC, for example: the case was heard by a court not properly constituted, a participant was not notified of the hearing, the court decided on the rights of persons not joined to the case, or it unjustifiably rejected a request to obtain or examine evidence.

Rulings can be challenged for incorrect application of substantive law or breach of procedural law without these restrictions.

The appeal must state the ground expressly. If you rely on a Supreme Court conclusion that was not taken into account, name the decision in which it was set out; if you ask the Court to depart from a conclusion, explain why (item 5 of part 2 of Article 392 CPC, item 5 of part 2 of Article 290 CommPC, item 4 of part 2 of Article 330 CAP). An appeal that does not set out the grounds provided for by the code is returned (item 4 of part 4 of Article 393 CPC).

In criminal proceedings, the grounds for setting aside or varying a decision are a material breach of the requirements of the CrPC, incorrect application of the law of Ukraine on criminal liability, and a sentence that does not correspond to the gravity of the offence and the personality of the convicted person (part 1 of Article 438 CrPC).

Deadlines for filing

Civil case: 30 days from the day the decision is pronounced (part 1 of Article 390 CPC).
Commercial case: 20 days (part 1 of Article 288 CommPC).
Administrative case: 30 days (part 1 of Article 329 CAP).
Criminal proceedings: three months from the day the appellate court’s decision is pronounced; for a convicted person held in custody, from the day they are served with a copy of the decision (part 2 of Article 426 CrPC).

Under the CPC, CommPC and CAP, the period runs from the day the full decision is drawn up if only the introductory and operative parts were pronounced at the hearing or the case was heard without notifying the participants. A participant who was not served with the full decision on the day it was pronounced or drawn up is entitled to have the period restored if they file the appeal within the same period from the day of service (parts 1 and 2 of Article 390 CPC, Article 288 CommPC, Article 329 CAP).

If the deadline has been missed

The period may be restored if the reasons for missing it are valid (part 3 of Article 390 CPC, part 3 of Article 288 CommPC, part 3 of Article 329 CAP).
An appeal filed late without a request to restore the period (or with reasons found not to be valid) is left without action. Within 10 days of being served with that ruling, the appellant may apply to restore the period or give other grounds; otherwise the court refuses to open proceedings (part 3 of Article 393 CPC).
If a year has passed since the full decision was drawn up, the court refuses to open proceedings regardless of the reasons. The exceptions are an appeal by a person who was not notified of the case or not joined to it, and force majeure (part 3 of Article 394 CPC, part 4 of Article 293 CommPC). Under the CAP, this limit applies only to a prosecutor and a public authority (part 5 of Article 333 CAP).
In criminal proceedings, an appeal filed after the deadline without a request to restore it (or where the court finds no grounds to restore it) is returned (item 3 of part 3 of Article 429 CrPC).

Where and how to file

A cassation appeal is filed directly with the Supreme Court (Article 391 CPC, Article 289 CommPC, Article 331 CAP, part 1 of Article 426 CrPC). An appeal filed in any other way is returned (item 2 of part 4 of Article 393 CPC).
Advocates, notaries, public authorities, legal entities and certain other participants are required to register an electronic cabinet (part 6 of Article 14 CPC). If such a participant has not registered one, the appeal is left without action (part 2 of Article 393 CPC).

What to include in a cassation appeal

The requirements of the CPC (Article 392); those of the CommPC (Article 290) and the CAP (Article 330) are similar:

the name of the court;
details of the appellant (name or company name, address, EDRPOU code or taxpayer registration number (RNOKPP), contact details, whether they have an electronic cabinet) and of the other participants in the case;
the decision under appeal;
the ground or grounds for the cassation appeal, with a reference to the specific item of Article 389 CPC, together with the Supreme Court decision relied on or the reasons for departing from its conclusion;
the appellant’s requests;
a list of enclosures;
the date on which a copy of the appellate court’s decision under appeal was received.

The appeal must be accompanied by (parts 3 and 4 of Article 392 CPC):

a power of attorney or another document confirming the authority of the representative, if the appeal is filed by a representative;
copies of the appeal and enclosures for the other participants or, when filing through the electronic cabinet, evidence that copies have been sent to them;
evidence of the date on which the decision under appeal was received (if available);
a document confirming payment of the court fee, or the grounds for exemption from it.

In criminal proceedings (Article 427 CrPC), the appeal states the name of the court, details of the appellant, the decision under appeal, why it is unlawful or unfounded, the requests to the court and a list of enclosures. Copies of the decisions under appeal and copies of the appeal for the other participants (except for a convicted person held in custody) are attached. A person who does not wish to take part in the cassation hearing says so in the appeal.

What the Supreme Court reviews

The Supreme Court acts within the limits of the arguments and requests in the appeal on which the proceedings were opened, and checks whether the courts applied the law correctly. It does not establish facts that the lower courts did not establish, and does not decide on the reliability of evidence or the weight of one piece of evidence against another (part 1 of Article 400 CPC, parts 1 and 2 of Article 300 CommPC, parts 1 and 2 of Article 341 CAP, part 1 of Article 433 CrPC). New evidence is not accepted in cassation (part 2 of Article 300 CommPC, part 2 of Article 341 CAP).

Opening of proceedings: a panel of three judges decides no later than 20 days after the appeal is received or after the time for correcting defects expires (parts 1 and 9 of Article 394 CPC). The Court may refuse, in particular, if the appeal relies on a conclusion that was not taken into account, the Supreme Court has already ruled on the issue raised and the appellate court followed that conclusion (item 5 of part 2 of Article 394 CPC), and, for an appeal against a ruling (other than one that ends the proceedings), if the correct application of the law is obvious (part 4 of Article 394 CPC). In criminal proceedings, the decision is made within five days; the Court may refuse if it is clear from the appeal that there are no grounds to allow it (Article 428 CrPC).
Time for review: 60 days for appeals against judgments and appellate decisions, 30 days for appeals against rulings, from the opening of cassation proceedings (Article 407 CPC, Article 306 CommPC, Article 342 CAP).

Following the review, the Supreme Court may, in particular (Article 409 CPC):

uphold the decisions and dismiss the appeal;
set the decisions aside and send the case for a new hearing;
set the decisions aside and give a new decision, or vary the decision;
set aside the appellate court’s decision and uphold the judgment of the court of first instance;
set the decisions aside and close the proceedings or leave the claim without consideration.

In criminal proceedings, the Supreme Court may uphold the decision, set it aside and order a new hearing, set it aside and close the proceedings, or vary the decision (Article 436 CrPC). It cannot apply the law on a more serious offence or impose a harsher sentence; a guilty verdict may be set aside in order to worsen the convicted person’s position only on an appeal by the prosecutor, the victim or the victim’s representative (parts 1 and 2 of Article 437 CrPC).

Court fee in 2026

Rates are calculated from the subsistence minimum for able-bodied persons as at 1 January of the year in which the appeal is filed (part 1 of Article 4 of the Law of Ukraine “On Court Fee”); in 2026 it is UAH 3,328. A coefficient of 0.8 applies when the appeal is filed electronically (part 3 of Article 4).

Civil case, appeal against a judgment: 200% of the rate that was payable on the claim. For an individual or an individual entrepreneur there is a cap (subitem 7 of item 1 of part 2 of Article 4):
- in property disputes, no more than 10 subsistence minimums (UAH 33,280);
- in disputes over the protection of social, employment, family and housing rights (other than ownership of property) and compensation for harm to health (other than moral damage), no more than 5 (UAH 16,640).
Civil case, appeal against a ruling: an individual pays 0.2 of the subsistence minimum (UAH 665.60); a legal entity or an individual entrepreneur pays 1 subsistence minimum (UAH 3,328) (subitem 9 of item 1 of part 2 of Article 4).
Commercial case: 200% of the rate that was payable on the claim for an appeal against a judgment; 1 subsistence minimum for an appeal against a ruling (subitems 7 and 8 of item 2 of part 2 of Article 4).
Administrative case: 200% of the rate that was payable on the claim for an appeal against a judgment, but no more than 20 subsistence minimums (UAH 66,560); 1 subsistence minimum for an appeal against a ruling (subitems 3 and 5 of item 3 of part 2 of Article 4).
Criminal proceedings: the CrPC does not require proof of payment of a fee to be attached (Article 427 CrPC), and the Law “On Court Fee” sets no rates for cassation appeals in criminal proceedings.

No court fee is payable, in particular, for cassation appeals concerning the protection of the rights of minors, or for appeals against rulings on complaints about decisions, actions or omissions of a state or private enforcement officer (items 12 and 19 of part 2 of Article 3 of the Law “On Court Fee”).

Frequently asked questions

Can I file a cassation appeal without appealing first?

As a rule, no: a judgment of the court of first instance can be challenged in cassation only after it has been reviewed on appeal (item 1 of part 1 of Article 389 CPC, item 1 of part 1 of Article 287 CommPC, part 1 of Article 328 CAP, part 1 of Article 424 CrPC).

Can a decision in a minor case be challenged before the Supreme Court?

Only by way of exception: if the appeal concerns a point of law of fundamental importance, the case is of significant public interest or exceptional importance to the appellant, the appellant cannot challenge the established facts in another case, or the court wrongly classified the case as minor (item 2 of part 3 of Article 389 CPC).

How much does a cassation appeal cost for an individual in a property dispute?

200% of the rate that was payable on the claim, but no more than UAH 33,280; when filed through the electronic cabinet, the 0.8 coefficient applies, so no more than UAH 26,624.

This article reflects the position as of October 2026 (the CPC, CommPC, CAP, CrPC and the Law of Ukraine “On Court Fee” as currently in force). It is general information and does not replace advice on a specific case.

Need to challenge a decision before the Supreme Court? A lawyer will check whether the case passes the cassation filter, identify the ground for the appeal and prepare the cassation appeal → Civil and commercial disputes · Administrative disputes · Appealing a verdict: appeal and cassation