Law and justice

The court should accept even handwritten complaints – Supreme Court

Supreme Court

Filing an appeal in handwritten, illegible text on paper containing printed texts on the back that are not related to the legal proceedings is not a basis for its return by the court. This was indicated by the Cassation Criminal Court of the Supreme Court in its resolution of October 16, 2024 in case No. 456/769/22.

The circumstances of the case

The local court refused to grant the person's application to correct a typo in the court's ruling. The Court of Appeal returned the appeal due to the fact that the submitted appeal was made in handwritten, illegible text on paper, which on the back contains texts that are not related to the judicial proceedings.

As the appeals court pointed out, on the back of the complaint there was a warehouse document for the purchase of goods and a photocopy of an extract from a civil law lease agreement, which should be regarded as a manifestation of contempt of court and an abuse of the right of access to justice.

In the cassation appeal, the complainant claims that the CPC does not contain restrictions on the possibility of submitting an appeal written in handwritten text, and also does not provide for such a ground for returning an appeal as illegible handwriting.

The position of the Supreme Court

The Supreme Court's CCS overturned the decision of the appellate court and ordered a new trial in the appellate court.

Thus, the CCS of the Supreme Court established that the judge of the appellate court, referring to the provisions of the Law "On the Judiciary and the Status of Judges", the Constitution of Ukraine regarding contempt of court and the general principles of criminal proceedings defined by the CPC, regarding respect for human dignity, came to the conclusion that the above is regarded as a manifestation of contempt of court and abuse of the right of access to justice, therefore he returned the appeal.

The CCS of the Supreme Court noted that the indicated conclusions of the appellate court are not based on the requirements of the law, since the court did not establish any of the circumstances provided for in Part 3 of Article 399 of the CPC, which could be grounds for returning the appeal.

As noted by the CCC, the CPC does not contain restrictions on the possibility of filing a cassation appeal in handwritten text, as well as on the possibility of filing a complaint on paper that contains another text on the back, provided that this does not prevent the possibility of reading the text of the cassation appeal itself.

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