THE ISSUES OF EXERCISING THE POWERS OF THE COURT OF CASSATION IN CIVIL AND ADMINISTRATIVE PROCEEDINGS IN CASE OF FILING A CASSATON COMPLAINT WITH VIOLATIONS OF THE REQUIREMENTS OF THE LAW

Authors

  • Pavel Tadevosyan Yerevan State University

DOI:

https://doi.org/10.46991/BYSU:C/2021.12.1.083

Keywords:

Cassation appeal, Leaving cassation appeal without examination, Returning cassation appeal, Denial of cassation appeal, appeal in violation of statutory time limits

Abstract

The article discusses the functions of the Court of Cassation of RA which it applies when a cassation complaint does not comply with the requirements of the law. In the article the Author finds that among the three types of decisions enshrined in the Codes of Civil Procedure and Administrative Procedure the function of leaving the cassation appeal without examination is the most problematic one. Speaking about the legal consequences of the decision of the Cassation Court to leave the cassation appeal without examination, the author notes that these consequences are completely different in the Civil Procedure and Administrative Procedure Codes, in particular, under the Administrative Procedure Code, the person has the right re-submit the cassation appeal after eliminating the reasons for leaving the appeal without the examination while under the Civil Procedure Code  there is no such right, which creates legal confusion as both decisions are made by the same Civil and Administrative Chamber of the Cassation Court. Author concludes that there should be only two consequences if the Cassation Court does not admit the cassation aplleal into proceedings: 1) the appellant has an opportunity to eliminate the reasons for not admitting the appeal into proceedings and to lodge it again; and 2) the appellant is deprived of any opportunity to lodge the appeal again. In addition, in case of the aforementioned consequences, under current legal regulations, the frst one is caused when returning the cassation appeal and the second one when rejecting the cassation appeal. As a result of this, the question of the consequences for the appellant when leaving the appeal without examination is being left unanswered as well as the reasonability and expediency of this function vested with the Cassation Court. Thus the Author auggests to exclude the power of the Cassation Court to leave the cassation appeal without examination before admitting it into proceedings, and to remove this  regulation from the RA Civil Procedure  and Admninistartive Procedure Codes. Two of the grounds for leaving a cassation appeal without examination, must be foreseen as grounds for returning the cassation appeal, and the other grounds as a ground for rejecting the cassation appeal.

Author Biography

Pavel Tadevosyan, Yerevan State University

Assistant at Chair of Civil Procedure

Downloads

Published

2021-05-10

How to Cite

Tadevosyan Պ. (2021). THE ISSUES OF EXERCISING THE POWERS OF THE COURT OF CASSATION IN CIVIL AND ADMINISTRATIVE PROCEEDINGS IN CASE OF FILING A CASSATON COMPLAINT WITH VIOLATIONS OF THE REQUIREMENTS OF THE LAW . Bulletin of Yerevan University C: Jurisprudence, 12(1 (34), 83–92. https://doi.org/10.46991/BYSU:C/2021.12.1.083

Issue

Section

Civil Procedure