Arbitral Digest

Non-official translation · Judgment

Ruling of the Supreme Court of Ukraine in case 824/143/25 dated 2 April 2026

Supreme Court of Ukraine, Civil Cassation Court, Third Judicial Chamber

Date
2 April 2026
Case no.
824/143/25
Language
English
Source
Unified State Register of Court Decisions of Ukraine
Official source
In this matterRuling of the Supreme Court of Ukraine in case 824/143/25 dated 2 April 2026
  1. 19 February 2024Arbitral Award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry dated 19 February 2024 in case 420/2023Source link only
  2. 2 April 2026Ruling of the Supreme Court of Ukraine in case 824/143/25 dated 2 April 2026Text
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R U L I N G

2 April 2026 Kyiv case No. 824/143/25 proceeding No. 61-4194av26

The Supreme Court, composed of Judge V. M. Ihnatenko of the Third Judicial Chamber of the Civil Cassation Court, having considered the appeal of INFORMATION_1, on whose behalf attorney PERSON_1 acts, against the ruling of the Kyiv Court of Appeal of 4 March

2026 on the application of INFORMATION_2 for recognition and grant of leave to enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 19 February 2024 in case No. 420/2023 and for issuance of a writ of execution,

E S T A B L I S H E D:

On 30 March 2026, the representative of INFORMATION_1, attorney

PERSON_1, sent to the Supreme Court, via the “Electronic Court” subsystem, an appeal against the ruling of the Kyiv Court of Appeal of 4 March 2026.

In the appeal, the applicant's representative asks the court of cassation instance to set aside the contested ruling and to adopt a new court decision leaving the application without consideration.

Pursuant to Article 24(2) and Article 351(2) of the Civil Procedure Code of Ukraine (the “CPC of Ukraine”), the Supreme Court reviews on appeal court decisions of courts of appeal rendered by them as courts of first instance.

When considering appeals against court decisions of courts of appeal rendered by them as courts of first instance, the Supreme Court acts within the limits of the civil procedural legislation of Ukraine; its powers are defined by Chapter 1 of Section V of the CPC of Ukraine “Appellate Proceedings”.

Article 356 of the Civil Procedure Code of Ukraine (the “CPC of Ukraine”) establishes requirements as to the form and content of an appeal.

In breach of the requirements of Article 356(4)(3) of the CPC of Ukraine, the applicant's representative did not attach to the appeal a document confirming payment of the court fee.

The rate of the court fee for filing with the court by a legal entity of an appeal against a court ruling is 1 subsistence minimum for able-bodied persons (subparagraph 9 of paragraph 1 of Article 4(2) of the Law of Ukraine “On Court Fee”).

Pursuant to Article 7 of the Law of Ukraine “On the State Budget of Ukraine for

2026”, as of 1 January 2026 the subsistence minimum per able-bodied person is UAH 3,328.00.

Therefore, the amount of the court fee for filing and consideration of the appeal is UAH 3,328.

The court fee for filing a cassation appeal with the Civil Cassation Court within the Supreme Court must be transferred or paid to: Main Department of the State Treasury in Kyiv/Pecherskyi district/22030102, EDRPOU code: 37993783, recipient's bank: Treasury of Ukraine (EAP), MFO: 899998, recipient's account: UA288999980313151207000026007, budget revenue classification code: 22030102 “Court fee (Supreme Court.055)”; bank reporting symbol: 207.

The procedure for paying the court fee is determined by Article 6 of the Law of Ukraine “On Court Fee”. To confirm payment of the court fee, a document confirming its payment must be submitted to the court.

In view of the foregoing, the appeal should be left without progress and the applicant's representative should be granted time to remedy the deficiencies.

Guided by Articles 185, 356 and 357 of the CPC of Ukraine, the Supreme Court, composed of a panel of judges of the Third Judicial Chamber of the Civil Cassation Court,

RESOLVED:

To leave without progress the appeal of INFORMATION_1, on whose behalf attorney PERSON_1 acts, against the ruling of the Kyiv Court of Appeal of 4 March 2026, and to grant a time limit for remedying the deficiencies indicated above, which may not exceed ten days from the date of service of this ruling.

If the requirements of this ruling are not complied with within the established time limit, the appeal shall be deemed not filed and shall be returned.

The ruling enters into legal force from the moment of its signing and is not subject to appeal.

Judge V. M. Ihnatenko

Non-official English translation prepared by Arbitral Digest via machine translation without human proofreading. It can make mistakes, please check the translation before relying on it.