RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of October 24, 2008 No. 12

About court practice of consideration of civil cases in appeal procedure

For the purpose of identical and correct application of the Code of civil procedure of Ukraine (further - GPK) by hearing of cases in appeal procedure the Plenum of the Supreme Court of Ukraine decides to make to courts such explanations:

1. On content of part three of Article 14, 292 GPK the right to appeal appeal of judgments the parties and other persons who participate in case have Articles.

Also persons who did not take part in case have the right to appeal appeal provided that the court resolved issue of their rights and obligations. In this case specified persons according to Article part nine 6 GPK have the right to receive in court which made the decision, oral or written information on results of consideration of the corresponding case, to get acquainted with case papers, to do of them statements, to make copies of the documents filed, to receive copies of decisions and determinations, and when considering the case in appellate instance - find the right of persons who participate in case, in particular, to be involved in consideration of the case, to declare the petition, to get acquainted with case papers, to give proofs and so forth. Persons and bodies which participated in case according to Article 27, 292 GPK have the right to appeal appeal of judgments therefore or the third party or the applicant cannot be refused to the agent of the party adoption of the petition for appeal made on behalf of person who he represents, for the reasons of not appendix to the petition for appeal of the document on its powers if in powers on which he participated in case, it was not stipulated about lack at it of the right to appeal appeal.

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