Cassation in the system of optimal instance review of judicial decisions in civil proceedings

Keywords: cassation, review of judicial decisions, unity of judicial practice, similarity of legal relations, optimization of civil proceedings

Abstract

The article covers the study of cassation in the system of instance review of judicial decisions in civil proceedings. As the basic
thesis, the author formulates that the solution of the problems of judicial enforcement and interpretation of law and, as a consequence,
the unity of judicial practice is possible only in the context of the normative support of the unity of civil proceedings. The future of
court jurisdiction lies in the unity of proceedings, opening up new prospects for law enforcement and effective implementation of the
constitutional right to judicial protection.
It is substantiated that the fundamental guarantee of justice is ensuring the right to appeal against judicial decisions. This guarantee
stems not only from the state’s obligation to ensure a proper system of court jurisdiction and the implementation of the constitutional
right to judicial protection. The right to appeal must be regarded as an integral standard of a fair trial, which determines, inter
alia, the features of the instance structure of the judicial system and the peculiarities of the implementation of the requirements of legal
certainty.
It is noted that the concepts of two instances are borrowed by the modern national legislation practice. The legislator, defining
the limits of the judicial power, at the same time endows the courts of first instance and participants of judicial proceedings with broad
rights and obligations, determined by the aims and goals of the procedural activities at the stage in question. Correcting judicial errors
is one of the main aims of assigning courts of appeal. At the same time, the procedure for considering cases of courts of appeal is, in
fact, determined by the functions and goals mentioned. In the case of creating a court of cassation, the question is the special nature of
its activities, reflecting, first of all, the public and legal principles of justice in civil cases.
It is argued that the reforms of civil proceedings, which also affected the cassation appeal against court decisions, indicate the
ongoing search for an optimal cassation model. One of the possible models is the limited cassation construction. Today this direction
of development of this legal institution is considered as paramount by the domestic legislator.
It is substantiated that the grounds for cassation appeal against judicial decisions are stipulated by the need to analyze the similarity
of legal relations. There are objective difficulties in describing this legal construction, given the possible complex composition of
legal facts. For these reasons, the civil procedural legislation provides for evaluative concepts and categories. The author proceeds from
the fact that the simple identity of the subject and the basis of the claim does not suffice to determine the similarity of legal relations.
To draw the correct conclusion, an in-depth study of the circumstances of civil cases is necessary.
The author also analyzes other provisions of civil procedural legislation, reflecting the features of the essence of the normative
model of cassation appeal against judicial decisions.

Published
2020-11-10
How to Cite
Gulyk, A. (2020). Cassation in the system of optimal instance review of judicial decisions in civil proceedings. Law Review of Kyiv University of Law, 1(3), 150-155. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/490
Section
The issues of civil law, commercial law, labour law and social security law of U