Publication date: 22.05.2024
The Criminal Court of Cassation of Ukraine, acting as part of the Supreme Court
In its ruling dated March 11, 2024, noted the importance of clearly defining the terms for applying for review of a court decision under exceptional circumstances in accordance with the country's legislation. In the context of the considered case No. 469/97/17, it is emphasized that the calculation of the specified terms should take place from the moment of the official publication of the text of the decision of the Constitutional Court of Ukraine (CSU), without any reservations or exceptions to this provision.
In the mentioned case, the district court returned the application of the lawyer and the defendant to review the decision of the local court to close the criminal proceedings due to changes in the legislation. The appellate court confirmed this decision, however, in the cassation appeal, the lawyer noted that the application with the statement under exceptional circumstances does not violate the time limit set by the law, since the decision of the Supreme Administrative Court, which recognized a certain provision as unconstitutional, was made public later.
Calculation of Terms from the Moment of Publication of Decisions
However, the Criminal Court of Cassation of the Supreme Court emphasized in its conclusions that the specified calculation of terms must be carried out in accordance with the clear requirements of the legislation, which establishes the beginning of the calculation of terms from the moment of the official publication of the text of the decision of the Supreme Administrative Court. This approach is justified, since the legislator directly connects this period with the publication of the decision, and not with the recognition of the unconstitutionality of a certain provision.
This resolution became an important precedent that defined a clear framework for calculating deadlines for filing applications for review of court decisions under exceptional circumstances.She emphasized the need to follow the established procedures and rules that help ensure the administration of justice in accordance with the law.
Legal Precedent and Its Meaning
In the context of the legal environment of Ukraine, this resolution is of great importance, as it clarifies the procedure for applying to the court in cases where the legislation provides for the review of court decisions under exceptional circumstances. At the same time, it reminds of the importance of observing legal terms and procedures to ensure justice and legal stability in society.
This resolution also reflects the importance of correct interpretation and application of legislation in judicial practice. Taking into account the clear definition of terms for submitting applications to the court, the judicial system ensures stability and predictability in legal relations.
The Role of the Resolution in the Legal Environment
For lawyers, judges and other participants in the legal process, this resolution is an important source of reference, which helps to understand the rules for calculating terms and the legal consequences of their non-compliance. Thanks to this, lawyers can more effectively protect the rights of their clients, and judges can make informed decisions based on clear legal norms.You may be interested in the following articles: Analysis, consultation, evaluation. legal analysis of the situation, lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Importance of Official Publication of Decisions
At the same time, this resolution emphasizes the importance of a responsible attitude to the process of publicizing court decisions. The official publication of the text of the decisions, carried out in accordance with the procedure established by law, is the key stage from which the calculations of the relevant terms begin. Therefore, if this stage is not performed correctly or on time, it can lead to violation of the rights of legal entities and negatively affect the justice process as a whole.In general, this resolution of the Criminal Court of Cassation of Ukraine testifies to the constant work of the judicial authorities to improve the legal system and adapt it to the modern needs of society. Through such decisions, the courts fulfill their role in ensuring compliance with the law and protecting the rights and freedoms of citizens, which are the fundamental principles of democratic legal state-building.
