Here is a detailed analysis of the court decision prepared in accordance with your inquiry.
**1. Subject of the Dispute**
The subject of the dispute is the lawfulness of the return of the defendant’s appeal against a default judgment of the court of first instance concerning the recovery of credit debt, rendered after the court’s refusal to reinstate the deadline for filing an application for review of said default judgment.
**2. Court’s Arguments**
* In this case, the Supreme Court reaffirmed its position set forth in the resolution of the Grand Chamber dated June 12, 2024 (case No. 756/11081/20), according to which, if a defendant misses the deadline for filing an application for review of a default judgment and there are no valid reasons for its reinstatement, the court of first instance must leave such an application without consideration, rather than dismissing it.
* The court emphasized that since the court of first instance mistakenly dismissed the application, it created legal uncertainty for the defendant regarding further appeal.
* The Supreme Court noted that a ruling of the court of first instance refusing to reinstate a procedural deadline for the review of a default judgment is subject to separate appellate review pursuant to Clause 10, Part 1, Article 353 of the Civil Procedure Code of Ukraine.
* The appellate court erred in returning the appeal, as it was obligated to review the merits of the local court’s ruling regarding the refusal to reinstate the deadline.
* The court emphasized that the right to access justice and the right to appeal are fundamental guarantees enshrined in the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms.
* Excessive formalism in the application of procedural rules, which leads to the deprivation of a person’s right to judicial protection, is unacceptable.
* Therefore, the actions of the appellate court in returning the appeal contradict the principle of the rule of law and obstruct effective access to justice.
**3. Court Decision**
The Supreme Court granted the cassation appeal, vacated the appellate court’s ruling on the return of the appeal, and remanded the case to the court of appellate instance for further proceedings.
