CONCEPT AND CONTENT OF THE RIGHT TO CASSATION APPEAL

Abstract

The right to appeal to higher courts with appeals and/or cassation complaints is an important component of the judicial system in Ukraine. According to Art. 129 of the Constitution of Ukraine, one of the main principles of the judicial system is the provision of a cassation appeal of a court decision, except for cases established by law. Thus, the Constitution of Ukraine enshrines the guarantees of review in the cassation procedure of court decisions. Therefore, the purpose of the article is to study the concept of the right to a cassation appeal and its content. It is established that the legislator in Art. 211 of the CASU uses the term «right to cassation appeal», but does not reveal its meaning. Besides, one cannot fail to pay attention to the fact that the science of administrative process has not sufficiently investigated the meaning of the term «right to cassation appeal». It was proven that the right to cassation appeal in administrative proceedings is guaranteed by the state to the parties and other persons participating in the case, as well as to persons who did not participate in the case, if the court decided the issue of their rights, freedoms, interests and obligations a special legal opportunity to appeal the court decision of the court of first instance after its revision in the appeal procedure, as well as the court decision of the court of appeal in whole or in part within the period established for this purpose. It was substantiated that the realization of the right to cassation appeal is connected with the presence of subjective (the presence of a certain circle of subjects who have the right to file a cassation appeal; the presence of the will of the interested subject to exercise the right of cassation appeal), objective (the presence of the subject of review, i.e. the court decision of the court of first instance after their review in the appellate procedure, or court decisions of the court of appeal) and formal prerequisites (observance by the subjects of the appeal of the procedural deadlines for the appeal and the procedural form of the cassation appeal). Non-compliance by the subject of the appeal with any of the above-mentioned prerequisites entails differentiated legal consequences: leaving the application without movement or returning the cassation appeal.