A complaint to a court can't be filed in Russian

Recently, the Supreme Court, in the composition of a judge of the Court of Cassation, has left a cassation motionless on the grounds that it was written in non-state (Russian) language.

In this regard, we recall that legal proceedings in the territory of Ukraine are carried out in the state language (in particular, in the civil procedure, the relevant norm is enshrined in Part 1 Article 9 of the CPC).

At the same time, the applicant is not deprived of the right to contact an interpreter in order to bring the cassation appeal in accordance with the requirements of the law.

Thus, in the decision of the Constitutional Court of Ukraine dated December 14, 1999 (case No. 10-rp / 99), it was determined that the Ukrainian language as a state is a compulsory means of communication throughout the territory of Ukraine in the exercise of powers by public authorities and local self-government bodies (language of acts, work, records, documentation, etc.), as well as in other public spheres of public life, which are determined by law (Part 5 of Article 10 of the Constitution of Ukraine).

At the same time, it is worth knowing that according to the frequent. 4 items 9 of the CPC, participants in the trial who do not own or have a sufficient command of the state language have the right to make statements, provide explanations, speak in court and apply in their mother tongue or language, which they possess, using the services of an interpreter, in accordance with the procedure established by the legislation.

The relevant conclusion was made by the Supreme Court in the case No. 761/42431/17 from January, 21, 2019 року.

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