In the circumstances of the case, the representative of the party-lawyer appealed the decision of the local court. In support of his authority, the lawyer attached a certified copy of the power of attorney authorizing the attorney to represent the interests of the company, in particular to sign the appeals.

However, the Court of Appeal refused to accept the complaint on the grounds that it was signed by a person who is not entitled to sign it.

The Cassation Economic Court disagreed with such a decision. Here are the main arguments of the SC:

1. In accordance with Part 1, 3 of Art. 56 of the Code of Economic Procedure of Ukraine, a party, a third person, as well as a person who has the right to apply to the court in the interests of another person, may take part in the trial personally (self-representation) and / or through a representative. A legal entity takes part in a case through its supervisor or a member of an executive body authorized to act on its behalf in accordance with the law, statute, regulations (self-representation of a legal entity), or through a representative.

2. According to Part 1 of Art. 58 of the Code of Economic Procedure of Ukraine, the representative in court may be a lawyer or legal representative.

3. The rules of Part 4 of Art. 60 of the Code of Economic Procedure of Ukraine stipulates that the powers of a lawyer as a representative are confirmed by a power of attorney or a warrant issued in accordance with the Law of Ukraine "On Advocacy".

4. According to Part 1, 3 of Art. 26 of the Law of Ukraine "On Advocacy" a list of documents certifying the powers of a lawyer to provide legal assistance includes: a contract on the provision of legal assistance; power of attorney; warrant; order of the body (institution) authorized by the law to provide free legal aid.

5. According to clause 1 part 3 of Art. 258 of the Code of Economic Procedure of Ukraine of Ukraine to the appeal, a power of attorney or other document certifying the credentials of the representative shall be attached to the appeal, if the complaint is filed by a representative and in the case there is no confirmation of his authority.

Thus, on the basis of clauses 1, 3, Article. 258 of the of the Code of Economic Procedure of Ukraine, Art. 60 of the Code of Economic Procedure of Ukraine and Art. 26 of the Law of Ukraine "On Advocacy", the Supreme Court recognized the existence of a valid and properly issued power of attorney attached to the appeal to be a sufficient confirmation of the powers of the representative, which does not provide for the duty of attaching other documents to the complaint.