The cassation instance court established that the appellate court incorrectly applied the procedural law norms when it revoked the first instance court’s ruling on leaving without consideration the application for review of the заочне (in absentia) decision. The Supreme Court pointed out that the applicant’s representative did not prove the existence of objective insurmountable difficulties for filing an application to review the in absentia decision within the timeframes established by law. Moreover, the appellate court groundlessly assessed the first instance court’s ruling, which was not appealed through the appellate procedure.
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