Please note that at the same time as filing an application for renewal of the procedural term, a procedural action (filed statement, complaint, documents, etc.) must be committed for which the period is missed.

At the same time, the legislation does not specify in what form the said application should be submitted - verbally or in writing.

Because of this, the courts often have an unequal position: some accept verbal statements, others require written submissions only.

The Supreme Court clarified the matter by stating in a resolution dated 02.12.2019 that the written application for the renewal of the procedural time limit was not obligatory.

In this case No. 910/6915/19 the court of first instance returned the defendant a counterclaim on the basis of part 6 of Art. 180 of the Economic Procedure Code of Ukraine (on the grounds of its submission beyond the time limit set for such a procedural action). In doing so, the court noted the fact that the counterclaim and the attached documents did not contain a written statement on the continuation of the procedural period established by the court and justification of the validity of the reasons for omission of the respective. The Court of Appeal also agreed with this decision.

However, the Supreme Court, having considered the defendant's cassation appeal, cancelled both decisions.

The court recalled that under the rules of Part 2 of Art. 169 of the Economic Procedural Code of Ukraine, statements, petitions and objections are submitted in writing or verbally. In cases specified by this Code, or at the request of a court, applications and motions shall be made only in writing.

Thus, Art. 119 of the Economic Procedural Code of Ukraine does not provide for filing an application for renewal of the procedural term exclusively in writing, as there is no requirement of the court in this case to file such an application in writing, and therefore it is allowed to file it orally, provided that the requirements of Part 4 of Art. 119 EPC of Ukraine.

The courts found that the counterclaim was filed by the defendant through the clerk's office on 24.07.2019. According to the minutes of the court hearing of 24.07.2019, on the same day, the representative of the defendant in the court session made an oral request for renewal of the deadline for filing a counterclaim. Therefore, the defendant's taking such a procedural action in accordance with the requirements of paragraph 2 of Article 169 of the Economic Procedural Code of Ukraine, and also meets the criterion of simultaneity, as at the time of the oral application for renewal of the issue of acceptance of the counter-claim by the court was not resolved.