The claim to non -specialized damage caused by filing an appeal in another case is not subject to consideration in the courts.
Disagreements of the plaintiff with an appeal should be expressed in a procedural way, that is, during the consideration of the court directly in the case in which such an appeal was filed. This does not comply with the goals of civil proceedings for appeal to the court with a lawsuit aimed at evaluating evidence collected in other cases to create the basis for exemption from evidence in another case.
This conclusion was made by the Supreme Court within the framework of the United Chamber of the Civil Court, ensuring the unity of jurisprudence.
The plaintiff pointed out that the defendant illegally and prematurely appealed in another case with violations of the rules of the law, in particular without a full text of the appeal. She noted that her civil rights were violated, and monetary damage was caused.
The court of first instance, with which the court of appeal agreed, refused to open a trial, since the disagreements of the plaintiffs with the appeal should be expressed by procedural methods, that is, in accordance with the rules of procedural legislation when considering consideration. The court directly in the case, during which such an appeal is filed.
The joint chamber of the Civil Court of the Armed Forces left the court decisions unchanged, moving away from legal conclusions in a similar case, drawing such conclusions on the application of the rules of law.
Will not fulfill the task of civil proceedings to appeal to the court with a lawsuit aimed at evaluating evidence collected in other cases, for their belonging and acceptability, or to create grounds for exemption from evidence in another case (to create a decision in court that would not be possible prove in the future when considering another case). This is unacceptable, taking into account the task of civil proceedings in order to initiate a requirement in order to evaluate the circumstances that make up the subject of evidence in the criminal process, or to create prerequisites outside the latter, in order to recognize the evidence in this proceeding is incorrect or unacceptable. Such claims are not subject to trial.
The recipes of the law “the judge refuses to open the proceedings in the case if the application is not subject to hearing in the courts in the order of civil proceedings” (paragraph 1 of part 1 of Article 186 of the CPC of Ukraine), “the court at its disposal closes the proceedings in the case, if the case is not subject to proceedings in the decision Civil trial ”(clause 1 of part 1 of Article 255 of the CCP of Ukraine) applies to both requirements that cannot be considered in accordance with the rules of civil trial and those requirements that the courts cannot be considered at all.
Source: Racurs
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