Theoretical and applied aspects of improvement of legislative regulation of cassation proceedings in civil proceedings
Keywords:
Civil Procedure Code of Ukraine, civil proceedings, court fee, types of proceedings, European Court of Human Rights, jurisprudence, judicial evidence, court decision, appellate courtAbstract
Based on the generalization of doctrinal approaches and law enforcement practice of the Supreme Court, the author analyzes theoretical and applied aspects of cassation proceedings in civil cases and suggests ways to improve the legislative regulation of cassation proceedings.
Cassation proceedings, being an extraordinary stage of civil proceedings, act as an additional procedural guarantee of ensuring the legality of court decisions, protection of both parties to the case and persons who did not participate in the case if the court decided on their rights or obligations. At the same time, cassation proceedings are a form of ensuring uniform law enforcement in civil cases, as the cassation court has the opportunity to correct errors of the first instance and appellate courts in the application of substantive and procedural law.
The cassation filters, which were enshrined in the Civil Procedural Code of Ukraine in 2020 as a modern version of the grounds for cassation appeal, were intended to relieve the workload of the cassation courts and unify legal positions in similar disputes, as well as to ensure the stability and unity of the case law of the Supreme Court as a «court of law».
However, their application for more than three years has revealed certain practical problems and inaccuracies that need to be addressed.
The author analyzes the legal positions of the Supreme Court regarding the interpretation of certain procedural filters of cassation proceedings. The author argues the practical significance of the correct determination of the grounds for cassation appeal, which is one of the cassation filters.
Цивільний процес: теорія і практика. Концепції вчених з удосконалення законодавства про цивільне судочинство. Монографія
