1. The subject of the dispute is the recovery of debt from the defendant in favor of the plaintiff.
2. The court of cassation found that the appellate court violated the norms of procedural law by refusing to open appellate proceedings, as it did not take into account that the court of first instance had dismissed the defendant’s application for review of the default judgment without consideration. According to the norms of the CPC of Ukraine, the right to file an appeal against a default judgment arises for the defendant only after his application for review of the default judgment has been dismissed or in the event of a repeated default judgment. In this case, the appellate court should have returned the defendant’s appeal against the default judgment, and not refused to open proceedings. The Court also noted that it deviates from the conclusions formulated in its постанову [resolution] of November 09, 2021, in case No. 214/5505/16 (proceedings No. 14-74цс21), and provided conclusions regarding the application of the provisions of Articles 126, 127 of the CPC of Ukraine in conjunction with Articles 284, 286, 287 of this Code.
3. The Supreme Court overturned the ruling of the appellate court and sent the case for continued consideration to the court of appellate instance.
