Subject of Dispute: Possibility of Appealing a Court Order Refusing to Satisfy a Motion for Enforcement of a Court Decision.
The court was guided by the following arguments: 1) the right to appeal is a constitutional right that cannot be limited by law; 2) the impossibility of appealing an order refusing to satisfy a motion violates the principle of equality of parties, as the opposite party has the right to appeal; 3) the lack of ability to appeal such an order may lead to non-enforcement of a court decision.
The Supreme Court satisfied the cassation appeal, revoked the appellate court’s order, and remanded the case for a new hearing, recognizing the right to appeal an order refusing to satisfy a motion filed in accordance with Article 383 of the Administrative Procedure Code of Ukraine.
