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Legal opinion of the Armed Forces of Ukraine in case No. 6-3082c16

   The legislator does not impose on the appellate court the obligation to re-issue a ruling on leaving the appeal without a motion if the letter is returned with such a decision in connection with the expiration of the storage period. At the same time, the period of the storage of a postal item in one month allows the person who filed an appeal to take measures to receive the mail and to review such decision within this period.

   At the same time, these procedural legal provisions do not relieve the court of appeal of the right in case of the return of the letter with the decision to leave the appellate complaint without motion in connection with the expiry of the period of its storage, to make a decision that will prolong the time for eliminating the shortcomings of the appeal, sending simultaneously the previous resolution, if the court of the appellate instance will establish from the materials of the case and the appeal that the person who filed it, because of his elderly age, physical weeks residues, living in rural or mountainous areas, etc., has difficulties in receiving mail correspondence.

   The full text of the judgment can be found on the official websites of the state authorities of Ukraine.