How can I appeal the decision on the assignment or size of the subsidy?

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What is the appeal procedure?

25.05.2023 20:49 611

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Photo of sikorsky.y.o Yaroslav Sikorsky

The applicant has the right to appeal to the court the decision of the authorized body regarding the amount of the assigned subsidy or the refusal to assign a housing subsidy.

If the court decision is not in your favor, you have the right to appeal it in the court of appeal.

The rules for filing an appeal and the requirements for its form are defined in Section III of the CAS of Ukraine.

In the appeal, the following are indicated:

  1. name of the appellate court to which the complaint is filed;

  2. name of the court of first instance that made the decision, case number and date of decision;

  3. full name (for legal entities) or first name (surname, first name and patronymic) (for individuals) of the person who files an appeal, his location (for legal entities) or place of residence or stay (for individuals individuals), postal code, identification code of a legal entity in the Unified State Register of Enterprises and Organizations of Ukraine, registration number of the taxpayer's registration card (for individuals) if available or passport number and series for individuals - citizens of Ukraine, numbers of means of communication and e-mail address, official e-mail address, if available;

  4. full name (for legal entities) or name (surname, first name and patronymic) (for individuals) of other participants in the case, their location (for legal entities) or place of residence or stay (for individuals);

  5. requirements of the person filing an appeal to the court of appeal;

  6. substantiation of the claims of the person who filed the appeal, indicating the incorrectness or incompleteness of the research of the evidence and the establishment of the circumstances in the case and (or) the application of the rules of law;

  7. if necessary - a request by the person filing an appeal to demand new evidence, to call witnesses, etc.;

  8. the date of receipt of a copy of the court decision of the court of first instance, which is being appealed;

  9. list of attached materials.

An appeal may contain a request by a person to consider the case with his participation. In the absence of such a petition, it is considered that the person does not wish to participate in the court session of the court of appeal.

If new evidence that was not provided to the first-instance court is presented in the appeal, it shall state the reason why this evidence was not provided.

The following are attached to the appeal:

  1. a document on the payment of a court fee;

  2. copies of the appeal in accordance with the number of participants in the case;

  3. copies of the written materials attached to the appeal, which are missing from the participants in the case, according to the number of participants in the case;

  4. evidence confirming the date of receipt of a copy of the contested judgment of the court of first instance, if available.

If the appeal is filed by a person exempted from paying the court fee in accordance with the law, it shall state the reasons for the exemption from paying the court fee.

An appeal is submitted directly to the court of appeal.

25.05.2023 23:17

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