Repeatedly, I have participated in court proceedings that resulted in decisions which could be legal but not fair, or vice versa.

When referring to legislation, such as the Civil Procedure Code, Article 2 of the CPC of Ukraine explicitly states that the objective of civil proceedings is, among other things, the fair consideration and resolution of civil cases.

I have often represented clients in cases where, from a legal standpoint, their position was weak. However, in terms of fairness—specifically regarding the demands, methods, and extent of protection of violated rights relative to the consequences caused by the actions of the opposing party—the situation was different. In the majority of such instances, we succeeded in achieving outcomes that my clients considered fair.

At the same time, during yesterday’s hearing in the appellate court with a client, we had fully legitimate grounds for securing a favorable decision. Yet, the panel of judges rendered a verdict that they deemed fair.

The result in the case: a decision considered fair by the appellate court judges and the opposing party, but, from our perspective, both unlawful and unfair. The process continues, with the cassation instance ahead of us.