Filing a complaint against a court decision

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Part two of Article 44 of the CPC of Ukraine provides that, depending on the specific circumstances, the court may recognize as an abuse of procedural rights actions that contradict the purpose of civil proceedings, in particular, that is not subject to appeal, is not valid or whose effect has expired (exhausted), filing a motion (application) to resolve an issue that has already been resolved by the court, in the absence of other grounds or new circumstances, filing a knowingly groundless challenge or committing special database other similar actions aimed at unreasonably delaying or obstructing the consideration of the case or the execution of the court decision.

The resolutions of the Grand Chamber of the Supreme Court of March 13, 2019 in case No. 199/6713/14-ц, March 14, 2019 in case No. 9901/34/19, November 7, 2019 in case No. 9901/324/19, April 7, 2021 in case No. 9901/23/21, July 8, 2021 in case No. 9901/235/20 conclude that in procedural relations, trying to convey a certain opinion to the court, a participant in the trial must carefully select words, as well as carefully express emotions towards other participants, the court, and specific judges. The court should not tolerate the use of offensive characteristics in procedural statements.

A participant in the case may have doubts about whether the court's actions comply with current legislation, as well as the impartiality or objectivity of judges, and may use the institution of recusal of judges if there are grounds specified by law. However, in complaints and statements, both on the merits and on procedural issues, one must be restrained and correct in words, refrain from providing personal characteristics and assessments , and even more so from far-fetched accusations of judges in committing crimes.