The Cassation Civil Court refused to launch a cassation proceeding in a dispute regarding compensation for material damage in the amount of UAH 150,613,28, in view of its insignificance.
The judge-speaker explained that according to paragraph 2 of part 3 of Article 389 of the Civil Procedure Code (“CPC”), court decisions within insignificant cases shall not be subject to a cassational appeal. The said applies to cases wherein the claimed amount is less than 100 minimum living wages (UAH 1,762 starting from 1 January 2018).
This claim was filed in October 2017, when the minimum living wage equaled UAH 1,684, and the Appeal Court ruled after 15 December (the effective date of the new procedural codes).
“Considering that the provisions of Article 19 of the CPC are specified in the structure of the legislative act among the General provisions of the Code, the court is entitled to categorize the case as insignificant at any stage of its consideration. At the same time, according to the content of the rules of clause 1 of part 6 of Article 19 of the CPC, the cases specified in this provision are of little significance due to the properties inherent in such a case, proceeding from the price of a claim and its subject matter, without the necessity of a separate court decision recognizing such case as one under corresponding category”, – determined by the court decision.
The respective decision was taken in case No. 127/22669/17 (No. 61-12455ск18).
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