Abstract
The article is devoted to problems of exercising a right on cassation appeal of court decisions by persons who have not participated in a case if a court has decided an issue on their rights, freedoms, interests and (or) duties.According to the first paragraph of article 352 of the Civil Procedure Code of Ukraine, participants of a case, as well as persons who have not participated in the case, if a court has decided an issue on their rights, freedoms, interests and (or) duties, have a right to appeal in appellate court against a decision of the first instance court in whole or in part.However, if a court of the first instance has not decided an issue on rights, freedoms, interests and (or) duties of a person who has not participated in a case, and such an issue has been decided only by an appellate court, this person is still obliged to address with appellate appeal against a decision of the first instance court. It is proved that amendment of legislation in this situation will contribute to full exercise of a right to cassation appeal of a person who has not participated in a case. It should be possible to appeal directly to the cassation court against decision of appellate court which has decided an issue on the rights, freedoms, interests and (or) duties of persons who have not participated in a case.
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