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Novelization of Civil Procedural Legislation of Ukraine in Cassation Review: Panacea or Illusion?
Author(s) -
Oksana Uhrynovska
Publication year - 2020
Publication title -
access to justice in eastern europe
Language(s) - English
Resource type - Journals
eISSN - 2663-0583
pISSN - 2663-0575
DOI - 10.33327/ajee-18-3.4-a000036
Subject(s) - appeal , law , political science , legislation , civil procedure , jurisdiction , supreme court
The article analyzes the novelties introduced to the civil procedural legislation in the cassation review. Cassation proceedings in Ukraine’s current civil proceedings engender apost-appellate court decision review, the content and purpose of which are to ensure civilproceeding implementation based on the latter principle application. The author evaluatescassation filters as a positive step in forming the cassation appeal institution. Theyconstitute self-limitation of the Supreme Court’s jurisdiction and are designed to relieve itfrom reviewing an excessive number of cases. Simultaneously, the current legal regulationof cassation filters (grounds for appealing court decisions) is far from ideal and needs tobe improved, given the shortcomings highlighted in the study. The non-parties to the case,possessing the right to cassation appeal, are not always burdened with participation inthe case. Using the example of prosecutor participation in the cassation proceedings, theauthor illustrates how national law confers such rights on persons who did not take partin the case.

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