How to file a cassation appeal in a commercial case

When this is needed

This guide is for a busi­ness or other party to a com­mer­cial dispute that has re­ceived an ap­pel­late ruling and must decide whether to seek cas­sa­tion review. For example, a Kyiv equip­ment sup­pli­er has lost a payment dispute. Before in­cur­ring further costs, it needs to sep­a­rate a pos­si­ble legal error from dis­agree­ment over how the de­liv­ery records were weighed.

Find the full ruling in the case file and es­tab­lish when it was pre­pared and re­ceived. Cas­sa­tion is pre­ma­ture while the case is still on appeal. The com­mer­cial cas­sa­tion dead­line cal­cu­la­tor gives a pre­lim­i­nary cal­en­dar date; it does not decide whether the appeal is ad­mis­si­ble.

The deadline and procedure

Under Article 288 of the Com­mer­cial Pro­ce­dure Code, the general period for a cas­sa­tion appeal is 20 cal­en­dar days from pro­nounce­ment. If only the in­tro­duc­to­ry and op­er­a­tive parts were pro­nounced, or the case was con­sid­ered without no­ti­fy­ing the parties, time runs from prepa­ra­tion of the full de­ci­sion. Count­ing begins on the next day. If the final day is non­work­ing, the rule moves it to the next working day.

If the full de­ci­sion was served later, filing within 20 days of service is linked to an ap­pli­ca­tion to restore time. This is neither an au­to­mat­ic ex­ten­sion nor a promise that pro­ceed­ings will be opened. After a long delay, also check the limits and ex­cep­tions in Article 293 of the Code. Record the time and method of filing, es­pe­cial­ly if the pro­ce­dur­al act must be per­formed at the court itself.

How to act step by step

First, iden­ti­fy the de­ci­sion: an ap­pel­late ruling or an order for which the Code permits cas­sa­tion. Article 287 sets filters, so a result from the dead­line cal­cu­la­tor alone cannot es­tab­lish the right to review.

Next, compare the ap­pel­late rea­son­ing with the rel­e­vant legal rule and cas­sa­tion ground. In a Kyiv supply dispute, ask whether the issue is truly how the law was applied, rather than merely which doc­u­ments the court found per­sua­sive. Under Article 290 of the Code, the appeal must iden­ti­fy the de­ci­sion, the re­quest­ed outcome and the legal error.

Then check the current cas­sa­tion fee under the Law on Court Fees. Do not copy the amount from the first-in­stance com­mer­cial claim fee cal­cu­la­tor. Collect sig­na­to­ry au­thor­i­ty, proof of the rel­e­vant dates and the at­tach­ments re­quired by the Code. If restora­tion is needed, file a rea­soned sep­a­rate ap­pli­ca­tion with sup­port­ing ev­i­dence.

What to check before filing

Compare the pro­nounce­ment date with prepa­ra­tion and service of the full text: they have dif­fer­ent roles in dif­fer­ent pro­ce­dur­al cir­cum­stances. Check whether the case cat­e­go­ry has re­strict­ed access to cas­sa­tion. Do not use a civil appeal tem­plate: al­though civil cas­sa­tion also reaches the Supreme Court, its dead­line and pro­ce­dur­al con­di­tions differ.

For a Kyiv company, the working file starts with its own ap­pel­late case ma­te­ri­als, not the local court address or old payment details. Before sub­mit­ting, check the case cabinet, current filing channel and payment details on an of­fi­cial court re­source.

When legal help is useful

Legal review is es­pe­cial­ly useful when a ruling in­volves a sub­stan­tial sum, the period is nearly over, the full text arrived late or a cas­sa­tion filter is un­cer­tain. A Kyiv busi­ness can assess whether the cost of filing is jus­ti­fied by a real legal ground before prepar­ing the pro­ce­dur­al package.