The Minor Case is insignificant by its character, despite the fact it wass recognized / not recognized as such by a court

As you know, minor cases are not subject to appeal. The Supreme Court, in the composition of the Cassation Court, recalled the signs of such insignificant cases.

Under the circumstances of the case, the individual filed a lawsuit against the public organization regarding the recognition of the illegal and the abolition of the decision of the presidium of the PO on the increase of membership fee.

The courts of both the first and the second instances denied access to the suit. And then the plaintiff appealed to the Supreme Court.

The Supreme Court indicated that according to the provisions of paragraph 2 of part. 3 items 389 of the Civil Code of Ukraine judicial decisions in minor cases are not subject to appeal , except some cases. Such cases include the following situations:

- the cassation appeal concerns the right that is fundamental to the formation of a single law enforcement practice;

- the person submitting the cassation appeal in accordance with this Code is deprived of the opportunity to refute the circumstances established by the contested court decision in the consideration of another case;

- the case is of significant public interest or is of exceptional importance to the party who filed the appeal;

- the court of first instance has classified the case as minor by mistake.

In addition, according to paragraph 2 of part. 6 cent. 19 of the Criminal Code of Ukraine, minor cases are cases of insignificance, which are recognized as insignificant by the court, except cases which are subject to consideration only under the rules of general proceedings, and cases where the value of a claim exceeds 500 subsistence minimum for able-bodied persons.

That is, proceeding from Art. 19 of the Civil Procedure Code of Ukraine, the insignificant case is because of its properties, regardless of whether it was recognized by such a court of the first or appellate instance. Since part six of Article 19 of the Civil Code of Ukraine is placed in Section 1 of the General Provisions of the CPC of Ukraine, it extends to the stage of cassation proceedings.

Given the subject of the claim, the nature of the legal relationship, the complexity of the case, as well as the significance of the case for society, the Supreme Court had reason to admit this case insignificant.

Moreover, references to the cases provided for in paragraph 2 of part. 3 items 389 of the Civil Code of Ukraine, in the presence of which a judicial decision in an insignificant case is subject to an appeal, the cassation complaint and the materials annexed thereto did not contain (resolution of the Supreme court of January 15, 2019 in the case № 761/23962/17).

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