Peculiarities of Cassation Appeal of Decisions of the Court of First and Appellate Instance in Administrative Proceedings

Abstract

The article examines one of the key guarantees for the implementation of the principle of access to justice in administrative proceedings – the right to cassation appeal of court rulings. The author provides a detailed analysis of the content, legal nature, and classification of rulings issued in administrative proceedings, in particular those that may be appealed in cassation. The normative framework of cassation review of rulings under the provisions of the Code of Administrative Procedure of Ukraine (CAP of Ukraine), including Articles 294, 317, 328–349, is highlighted, along with an analysis of the practical aspects of applying the relevant norms.

Special attention is given to the issue of admissibility and limitations of cassation review of rulings that do not resolve the dispute on the merits but have a significant impact on the course of proceedings and the rights of the parties. The study systematizes the types of rulings that may be subject to independent cassation appeal and outlines the scope of powers of the cassation instance when reviewing them. The author identifies the criteria for cassation review, as well as the distinctions between the grounds for appealing decisions and rulings.

The article highlights the main stages of cassation proceedings, including the formal examination of the appeal, preparation of the case, preliminary review, and consideration in a court hearing, with a detailed description of procedural requirements and time limits. Considerable attention is devoted to problematic aspects such as the limitations of the cassation court’s powers; lack of consistency in judicial practice; deficiencies in the electronic justice system; and the formalism of appeal requirements, which complicates access to cassation review for non-professional participants in the process.

In conclusion, it is substantiated that the mechanism of cassation appeal of rulings plays an important role in ensuring the legality of judicial processes. However, it requires further improvement in order to enhance efficiency and ensure equal access to justice.