In accordance with Clause 10 Part 1 of Art. 393 of the Criminal Procedure Code of Ukraine, other persons have the right to file an appeal in the cases provided for by this Code, if the contested court decision concerns their rights, freedoms and interests.
A witness does not have the right to appeal the verdict in terms of the court’s assessment of the credibility of his testimony – SC
If in the sentence (decision on the application of coercive measures of an educational nature or on the application of coercive measures of a medical nature) issued against one person, a conclusion is made that concerns the rights, freedoms and interests of another person, then the latter on the basis of Clause 10 Part 1 of Art. 393 of the Criminal Procedure Code of Ukraine and guided by the general principles of criminal justice, including clauses 1, 2, 10, 17 of Art. 7, Part 6 of Art. 9, parts 1 and 2 of Art. 24 of the Criminal Procedure Code of Ukraine, has the right to appeal to the court of higher instance with the appeal of this court decision in terms of her rights, freedoms and interests.
However, a witness who, in criminal proceedings, provided information about the circumstances known to him, is not a subject who has the right to appeal the verdict in terms of assessing the credibility of his testimony.
Such a conclusion was reached by the combined chamber of the Criminal Court of Cassation as part of the Supreme Court, after considering the cassation appeal of a lawyer in the interests of a person (witness in criminal proceedings) against the decision of the court of appeals, issued in this proceeding on the charge of another person.
As noted by the OP of the Supreme Court of Justice, the exhaustive list of persons who have the right to file an appeal is defined in Art. 393 of the CPC of Ukraine. At the same time, each of the subjects defined by the legislator has the right to appeal a court decision only on certain grounds and grounds, that is, in a certain procedurally determined part.
Therefore, in order to make a decision on the possibility of carrying out proceedings in the court of appeal, it is not enough for the court of appeal to establish the affiliation of the subject who filed the complaint to the persons defined in Art. 393 of the Criminal Procedure Code of Ukraine, and it is necessary to correctly decide whether the person who filed the complaint did not violate the limits of the appeal established for him by the criminal procedural law.
The provisions of the Criminal Procedure Code of Ukraine do not define a witness in criminal proceedings as a subject of appeal of court decisions. However, except for those persons specified in clauses 1-9-3 of part 1 of Art. 393 of the Criminal Procedure Code of Ukraine, other persons in the cases stipulated by this Code.
Resolution of the OP of the Supreme Court of Justice of the Supreme Court in case No. 654/1820/18 (proceedings No. 51-3251kmo20) – https://reyestr.court.gov.ua/Review/101855118 .
Separate opinion of the judge – https://reyestr.court.gov.ua/Review/101913259 .