Cassation Appeal in the Supreme Court

Cassation appeal in the Supreme Court of Ukraine represents the highest stage of judicial defense. Once an appellate court judgment takes legal effect, a party dissatisfied with the ruling faces immediate enforcement. However, cassation proceedings differ fundamentally from trial and appellate courts — the Supreme Court does not re-examine evidence or re-evaluate factual circumstances.

The Supreme Court exclusively reviews whether lower courts correctly applied substantive law and adhered to procedural law rules. Under the CPC and Code of Administrative Procedure of Ukraine, a cassation appeal is admissible only under specific statutory grounds: absence of Supreme Court legal precedent on a specific norm, necessity to depart from established case law, or fundamental procedural violations.

Drafting a cassation appeal requires analytical rigor and academic precision. Formalistic complaints or mere repetitions of arguments from lower court filings will be rejected or dismissed for lack of statutory grounds.

A vital procedural step is filing a motion to suspend the execution of the lower court judgment pending cassation review. This stays enforcement actions, unfreezes accounts, and prevents irrevocable asset liquidation while the Supreme Court reviews the case.

Leveraging his Ph.D. in Law degree and extensive litigation experience, Attorney Yuriy Kozachuk drafts authoritative cassation appeals and personally represents clients before the Cassation Civil Court and Cassation Administrative Court within the Supreme Court.