At the same time, the SJA, by order of 01.06.2013, No. 73, approved the Procedure for sending the texts of judicial summons to the participants of the trial (criminal proceedings) by SMS-messages.
However, the text of a court summoning may be sent to the participant by SMS message only after submission to the court of the corresponding application for the intention to receive a judicial summoning in electronic form by SMS. This was recently stated by the "Supreme Court" in the ruling of 27.03.2019, after it has considered case number 201/6092/17.
Under the circumstances of this case, residents of the dormitory sued the city council to admit their right to privatize the rooms in the dormitory. Unlike the court of first instance, which upheld the claim, the court of appeal did not agree with such a decision. Then, the plaintiffs filed a cassation appeal, which is based on the fact that the Court of Appeal examined the case without proper notification of the plaintiffs (the appellate court's subpoenas were returned with a note "at the expiration of the term of storage").
It should be noted that according to the ruling of the Grand Chamber of the Supreme Court of December 12, 2018, in case No. 752/11896/17-ts (proceedings No. 14-507tss18), the return of the summons to the court indicating the reason for the return "at the expiration of the term of the storage" can not to be a proof of the proper informing of the defendant about the time and place of the case.
In addition, according to the resolution of the CCC of June 20, 2018, in case No. 127/2871/16-ts, the return of the summons to the court indicating the reason for the return "at the expiration of the term of storage" does not indicate the refusal of the party to receive the summons or its not addressing the address notified by the court.
At the same time, in this case the Supreme Court concluded that the certificate of delivery to the plaintiffs of the SMS on the court session can not be considered as proof of the proper notification of the date, time and place of the court session, since, according to paragraph 2 of the Procedure for the transmission of court sentences to the parties to the proceeding (criminal procedure) in the form of SMS-messages approved by the SJA order of 01.06.2013 number 73, the text of a judicial summons may be sent by the court to the participant by SMS-message only after submission to the court of the application for the intention to receive summons in the electronic form via SMS-messages. Such an application can be made directly in court or by printing and filling out by a participant in the form, which is posted on the official web-portal of the judiciary of Ukraine.
Since the plaintiffs did not file a relevant application for electronic submissions via SMS, the informing by the Court of Appeal regarding the court hearing can not be considered proper.