CLOSURE OF CASSATION PROCEEDINGS AS A CONSEQUENCE OF VIOLATION OF THE RULES OF ADMISSIBILITY OF A CASSATION APPEAL IN ADMINISTRATIVE PROCEEDINGS

Abstract

The article is stipulated, that the closure of cassation proceedings is a special kind of completion of the administrative proceedings, which identify new circumstances that significantly change those that existed at the time of the opening of cassation proceedings, and were the basis for accepting the cassation appeal for consideration. The analysis of law enforcement practice made it possible to identify imperfections in the legal regulation of the closure of cassation proceedings, which negatively affects the admissibility of the cassation appeal and the person’s access to justice, ways to eliminate which we’ll try to find in this research. The purpose of the article is to determine the peculiarities of law enforcement in closing cassation proceedings. Writing the article, the author used a set of general scientific and special legal methods of intellection, which provided a comprehensive, systematic study and obtaining reliable results of its implementation, namely: the dialectical method, the method of systematization, comparative law and formal law methods, as well as the technical law method. The article proves that the circumstances that are the grounds for closing the cassation proceedings should be checked at the stage of resolving the issue of initiating cassation proceedings, and their inclusion in the grounds for closing the cassation proceedings is an additional mechanism for applying cassation filters to the complaint. It is concluded that the existence of such a mechanism is justified by the fact that much of the cassation filters relate to the substantive aspect of the cassation appeal, therefore, they cannot always be effectively applied to the opening of cassation proceedings. The preparation of the case for trial involves a detailed examination of its content by the court, and therefore the presence of a mechanism for the application of cassation filters also after the acceptance of the cassation appeal for proceedings, is a justified means of filtering cassation appeals. According to the results of the study of judicial practice of decision-making of the closure of cassation proceedings, some gaps in the legislation were identified, which are proposed to be filled with appropriate norms, which should improve the efficiency of the process of resolving the issue of admissibility of the cassation appeal, in particular, to expand the list of requirements to the cassation appeal and the consequences of their non-compliance, to supplement the grounds for closing the cassation proceedings.