Where Is the Line Between a “Clerical Error” and a Change in the Judgment?

This video discusses an important legal position of the Joint Chamber of the Civil Cassation Court of the Supreme Court in case No. 754/15252/15-c. The Court clarified what constitutes a judicial clerical error, and what is an impermissible correction that alters the substance of a court decision and violates procedural norms.

Key Takeaways:

A judicial clerical error is an obvious mistake that does not change the essence of the rendered judgment.

The following does not qualify as a clerical error and cannot be corrected by a court ruling:

An error that changes the substance of the court decision.

An error that affects the scope of the rights and obligations of the parties.

An error that indicates a change in the court’s intent.

This case illustrates the boundary between a technical correction and unlawful interference with an already rendered judicial decision.

 

Author: Oleksii Kiiko
Mr. Kiiko is a co-founder and partner of Sententia Law Firm in Odessa, Ukraine. His practice focuses on dispute resolution, property rights protection, land transactions and cross-border legal issues involving foreign clients and assets. He has advised both Ukrainian and international companies on compliance, risk management and contract enforcement.