The Procedural and Legal Significance of a Response to an Appeal in Ukraine
DOI:
https://doi.org/10.32631/v.2025.4.08Keywords:
appeal, appellant, parties to a legal dispute, civil proceedings, response, rights of the parties, civil process.Abstract
This article is devoted to the procedural and legal significance of a response to an appeal in civil proceedings in Ukraine. It examines the peculiarities of preparing a response to an appeal. The researchers’ works devoted to the problems of appeal in civil proceedings in Ukraine are studied. It is indicated that the procedural significance of a response to an appeal in civil proceedings lies in the fact that the submission of such a response means that the other party disagrees with the appellant's claims set out in the appeal.
It is established that a response to an appeal is a procedural document that is drawn up at the stage of appealing a decision of the court of first instance in accordance with the requirements of the Civil Procedure Code of Ukraine in the event of an objection by one of the parties to the proceedings against the claims of the appeal. The peculiarities of preparing and submitting a response to an appeal are determined. It is stated that the response should be submitted within the time limit set by the judge in the ruling on the opening of the appeal proceedings. It is emphasised that the refusal of a party to the case to prepare a response to the appeal does not prevent the review of the contested court decision. It is established that a response to an appeal may contain arguments in support of the legality and validity of the decision of the court of first instance or objections to the admissibility, reliability, sufficiency and relevance of the evidence submitted with the appeal. Attention is drawn to the fact that the arguments set out in the response to the appeal will depend on the subject matter of the dispute and the claims made by the plaintiff.
Proposals are made to improve the legal regulation of the preparation and submission of responses to appeals. In particular, it is proposed to add a new provision to Article 360 of the Civil Procedure Code of Ukraine on the possibility of renewing the deadline for preparing a response to an appeal that has been missed for valid reasons. It is noted that it is advisable to establish the possibility of supplementing or amending a response to an appeal in the Civil Procedure Code of Ukraine.
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Copyright (c) 2025 I. V. Beregovyi
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