The active development and continuous change of legislation create a significant burden on the judicial system of Ukraine in terms of ensuring legal and balanced court decisions. At the same time, courts also need to ensure unity and consistency of jurisprudence, in particular in similar and similar cases.
In order to ensure the unloading of the cassation link in the judicial system of Ukraine, which is the Supreme Court, and to improve the quality and uniformity of judicial decisions made by this court, the Parliament of Ukraine adopted the Law No. 2314 dd. 25.10.2019.
The law is designed to ensure respect for the principle of legal certainty as an element of the rule of law by introducing a system of admission and filters for cassation appeal. The proposed system of admission to cassation appeal of court decisions will not only ensure the formation of a unified judicial practice but over time will significantly reduce the quantitative burden on this court.
Thus, the above-mentioned normative act defines clear grounds for cassation appeal against the decision of the courts of the first instance and the decisions of the courts of appeal, in particular:
- in cases where the court of appeal in the contested court decision applied the rule of law without taking into account the conclusion on the application of the rule of law in such legal relations as set out in the earlier decision of the Supreme Court, except in the case of the existence of the Decision of the Supreme Court on derogation from such conclusion;
- if the applicant substantiates the necessity to derogate from the conclusion concerning the application of the rule of law in similar legal relations, set forth in the earlier adopted decision of the Supreme Court and applied by the court of appeal in the contested court decision;
- there is no opinion of the Supreme Court on the application of the rule of law in such legal relations;
- a court decision is appealed on the grounds provided for mandatory abolition of the court decision;
- in the event that the body conducting disciplinary proceedings against judges decides to impose a disciplinary sanction on judges who were members of the panel of judges of the appellate instance reviewing the case in which the court decision is appealed, for a disciplinary offense committed in connection with the review of such case.
Thus, the Law improves a number of legal regulations to prevent participants in court cases from abusing their procedural rights and optimizes their procedures.
Providing proper and qualified representation of our clients' interests at all stages of court proceedings is one of the tasks of the Deiak Law Firm within the framework of the application of Dispute Resolution practice.
