1. The subject of the dispute is the establishment of a legal fact, namely the fact that the deceased person did not reside at a certain address.
2. The court of cassation overturned the ruling of the court of appeal, because the court of appeal, returning the appeal to the applicant due to non-elimination of deficiencies, violated his right to appeal, which is an integral part of the right to a fair trial, guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The court noted that sending a ruling on leaving the appeal without movement to an e-mail that is not official (that is, not registered in the Unified Judicial Information and Telecommunication System) is not a proper notification to a party to the case. The court emphasized that the case file does not contain evidence of sending the ruling to the applicant by registered mail with acknowledgment of receipt, as provided for by the Instruction on Office Work in Local and Appellate Courts of Ukraine. The Court referred to the ruling of the Grand Chamber of the Supreme Court of April 10, 2024, in case No. 454/1883/22, which states that sending procedural documents to a party’s e-mail address does not replace proper sending in the manner prescribed by the Civil Procedure Code of Ukraine, and is only an additional means of informing.
3. The Supreme Court ruled to grant the cassation appeal, and to overturn the ruling of the court of appeal and refer the case to the court of appeal for further consideration.
Skip to content
Skip to sidebar
Skip to footer
