Judgment Reviews Law at Ukraine
In Ukraine, the review of judgments is a multi-level process that is a key component of its judicial system. The right to appeal court decisions is guaranteed by the Constitution of Ukraine. The process is primarily governed by the country's procedural codes, including the Civil Procedure Code, the Criminal Procedure Code, and the Code of Administrative Procedure.
General Structure of the Judiciary
Ukraine has a three-tier system for reviewing judgments:
Court of First Instance: This is where a case is initially heard and a judgment is issued.
Court of Appeal: A higher court that reviews the judgment of the first-instance court.
Supreme Court: The highest court in the system, which serves as the court of cassation.
Appeals Process
The two main types of review are appeals and cassation, each with distinct functions and grounds for review.
1. Appeal (Aplyatsiyna Instantsiya)
Function: An appeal is the first level of review for a judgment from a court of first instance. The appellate court re-examines both the facts of the case and the application of the law.
Grounds for Appeal: A party can file an appeal if they believe the lower court made a mistake in establishing the factual circumstances of the case (e.g., misinterpreting evidence), or incorrectly applied the law.
Procedure: An appeal must be filed within a specific timeframe, typically 30 days from the date the full text of the judgment is issued. The appeal is filed with the court that issued the decision, which then forwards the case to the relevant Court of Appeal.
Possible Outcomes: The appellate court has the authority to uphold, modify, or overturn the original decision. It can also send the case back to the lower court for a new trial if significant procedural errors are found.
2. Cassation (Kasatsiyna Instantsiya)
Function: Cassation is the highest level of review, handled by the Supreme Court of Ukraine. Unlike an appeal, the cassation court does not re-examine the facts of the case. Its role is limited to reviewing the correct application of the law.
Grounds for Cassation: A cassation appeal can be filed if the lower courts made a mistake in applying or interpreting the law, and these errors affected the final outcome of the case.
Procedure: A cassation appeal must be filed within one month after the decision of the appellate court comes into force.
Possible Outcomes: The Supreme Court can either reverse the decisions of the lower courts, change them, or leave them unchanged.
Constitutional Review
In addition to the standard appeals process, the Constitutional Court of Ukraine is responsible for constitutional review. Its function is to determine whether laws, decrees, and other legal acts are in compliance with the Constitution of Ukraine.
Action of Unconstitutionality: The Constitutional Court can review the constitutionality of laws or other legal acts upon the request of authorized entities, such as the President, the Supreme Court, or a group of parliamentarians. Since a 2016 reform, individuals can also file a constitutional complaint if they believe a law applied to their case violates their constitutional rights.
Effect of Decision: If the Constitutional Court finds a law to be unconstitutional, that law is no longer valid from the date of the decision.
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