Novelization of Civil Procedural Legislation of Ukraine in Cassation Review: Panacea or Illusion?

Abstract

The article analyzes the novelties introduced to the civil procedural legislation in the cassation review. Cassation proceedings in Ukraine’s current civil proceedings engender a post-appellate court decision review, the content and purpose of which are to ensure civil proceeding implementation based on the latter principle application. The author evaluates cassation filters as a positive step in forming the cassation appeal institution. They constitute self-limitation of the Supreme Court’s jurisdiction and are designed to relieve it from reviewing an excessive number of cases. Simultaneously, the current legal regulation of cassation filters (grounds for appealing court decisions) is far from ideal and needs to be 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 in the case. Using the example of prosecutor participation in the cassation proceedings, the author illustrates how national law confers such rights on persons who did not take part in the case.

Keywords

• cassation review
• persons who have the right to cassation appeal
• non-parties to the case
• objects of cassation appeal
• grounds for appealing against court decisions in cassation