Cassation review is a process of reviewing a legally enforceable judgment or decision which is protested against because there was a finding of serious breach of the law in the course of handling the case.
Main tasks and practical skills:
- The cassation review is a special procedure and shall be conducted only when there is a protest under procedure for cassation review. That is a difference, in comparison with ordinary hearing procedures, such as hearing at first instance (conducted upon legal initiation by the litigant), appellate hearing (conducted upon legal appeal by the litigants or protest by the Procuracy). The Judges, who do not directly participate in the cassation review, may participate in the review of judgments by discovering breaches of law in legally enforceable judgments or decisions of the Court and notify these to persons having the right to protest under the cassation review procedure.
- The target of protest on the basis of procedure for cassation review is legally enforceable judgments and decisions which contain serious breaches of the law during the resolution of the case.
- Grounds for protest on the basis of procedure for judicial review shall be as follows:
- Where the conclusion of the judgment or decision is inconsistent with objective factors of the case;
- Where there are serious breaches of the proceedings;
- Where there are serious mistakes in applying the laws.
- The protesting and the cassation review are a mechanism to rectify serious mistakes made by the Court in judgments or decisions which have already come into effect. Therefore, the cassation review is not the next level of court to which the parties can appeal.
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