Publication date: 04.06.2025
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Extension of Deadline to File an Appeal: A Successful Case by Attorney Olena Botvyna
In 2025, attorney Olena Botvyna provided full legal support to a foreign national who had received a decision from the Commander of a Ukrainian Border Guard Subdivision ordering the individual to leave the country. Due to a missed deadline, the client was unable to submit an appeal on time. Acting as the legal representative, attorney Botvyna prepared a motion to restore the deadline for filing an appeal, substantiating valid and excusable reasons for the delay. The motion was submitted along with the appeal itself and supporting documents. The full package was delivered to the issuing authority for further transmission to a higher appellate body. At present, the attorney continues to monitor the status of the case and is prepared to provide additional documentation upon request.
Case Overview
A foreign citizen was issued a decision requiring them to return to their home country. Due to objective circumstances, the individual failed to file an appeal within the legally required timeframe. Attorney Olena Botvyna, acting as the client’s legal representative, prepared a formal motion requesting the reinstatement of the deadline to appeal. The motion included a detailed explanation of the excusable reasons for missing the deadline and all relevant documents. The motion and accompanying appeal were submitted to the authority that issued the original decision, with the aim of forwarding the case to the appropriate higher authority.
- Legal assessment of grounds for restoring the appeal deadline.
- Preparation of the motion with detailed justification for the delay.
- Attachment of the appeal and supporting documentation to the motion.
- Submission of the complete package to the issuing authority for transfer to a higher body.
Key Implementation Stages
1. Case Analysis
The attorney carefully analyzed the circumstances of the case, particularly the reasons for missing the appeal deadline, and evaluated the legal possibilities for restoring the deadline under current Ukrainian law.
2. Document Preparation
- Drafting the motion to restore the deadline with detailed reasoning.
- Preparing the appeal against the decision issued by the Border Guard authority.
- Gathering and attaching supporting documents that confirm the circumstances leading to the missed deadline.
3. Submission Process
- Submission of the motion, appeal, and accompanying materials to the original decision-making body.
- Ensuring the documents are transferred to the higher authority for appeal review.
Case Results
- The motion for deadline restoration was accepted for review.
- The appeal has been transferred to the higher authority for substantive consideration.
- The attorney continues to monitor the case and is ready to provide additional materials upon request.
Frequently Asked Questions
Can the appeal deadline be restored after it has been missed?
Yes, if valid reasons exist for the delay, a motion for deadline restoration can be submitted along with the appeal itself.
What documents are needed to request a deadline extension?
A formal motion with justification, the appeal, and supporting documentation that confirms the legitimacy of the delay.
Where should the motion be submitted?
It should be submitted to the authority that issued the original decision, which will then transfer the case to the higher authority.
This case led by attorney Olena Botvyna illustrates that even after a missed appeal deadline, it is still possible to defend the rights of a foreign national—if proper legal procedures are followed. A well-prepared motion and a solid evidentiary base are crucial for a successful outcome.
If you find yourself in a similar situation, it is highly advisable to seek the assistance of an experienced attorney to assess your case and prepare the necessary documentation.
