Judgements of lower courts in administrative offences proceedings can be appealed. Generally, there is only one level of appeal for administrative offences proceedings in court, which means that the Court of Appeal is the highest court instance dealing with administrative offences.

In general, human rights do not provide for a right to appeal in all cases and all disputes. However, if the Ukrainian law allows you to appeal a lower court’s decision, which it does in the majority of cases, higher courts at all stages of appeal have to follow the requirements and guarantees of a fair trial.

Court of appeal or higher court

According to Ukrainian law the judgement of the court of first instance can be appealed before a higher court – the court of appeal. In the review process, the court of appeal has the same power to consider the case as the lower court (including all disputes about the facts of your case and the correct application of law). Generally your rights and obligations before the court of appeal are the same as before the court of first instance. However, depending on what issues you have disputed in your appeal, some of your rights (such as the right to request an oral hearing or the right to be present at the hearing) may be more limited. 

In administrative offences cases there is no possibility of appealing the judgement of the court of appeal before the court of cassation.

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Last updated 02/11/2023