Cassation Appeal Research Articles

The concept and legal nature of the principle of cassation appeal in administrative proceedings of Ukraine

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens’ rights to defend their interests in court.

The principle of ensuring the right to appellate review of a case and, in cases determined by law, to cassation appeal of a court decision as a fundamental (constitutional) principle of Ukrainian justice

This publication is aimed at studying the principle of ensuring the right to appellate review of a case and, in cases specied by law, to cassation appeal as a fundamental constitutional principle of Ukrainian judicial procedure, and at identifying the issues of its interpretation and implementation within the framework of civil proceedings, and at formulating conclusions and proposals aimed at resolving the identied issues and contributing to the improvement of judicial practice. The paper 1-rst denes the signicance of this principle for achieving the tasks of civil procedure and analyzes its place in the system of other principles of civil procedure. It is found that the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal does not compete with other principles of civil procedure, but organically complements them, allowing to correct judicial errors made, thereby guaranteeing the principles of legality, objective truth and others. The analysis of the name of the studied principle revealed a legislative narrowing of its content, used by the indication of the possibility of appealing a «court decision», while other legislative provisions and the practice of civil procedure indicate the possibility of appealing rulings and orders of the court. The e-ectiveness of the legislative approach to the comprehensive nature of the appeal is substantiated, with the exclusivity and extraordinary nature of the cassation review of court decisions that have entered into legal force and the e-ectiveness of existing mechanisms for implementing this provision (a wide range of subjects of the appeal, limitation of the cassation appeal for certain categories of cases, mandatory preliminary appeal of the court decision, etc.). A certain problem was revealed during the analysis of the civil procedure law norm regarding the denition of the objects of appeal in the aspect of its content presentation through the prism of its consistency with the constitutional norm (64 of the Constitution of Ukraine), according to which the limitation of constitutional rights and freedoms of a person and citizen should be provided for by legal norms, therefore, through the prism of consistency with this provision, it would be more logical to establish a prohibition on appeal in relation to each individual judicial act. Legislative work aimed at eliminating certain imperfections in the legal regulation will contribute to a more e-ective implementation of the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal in the practice of civil proceedings.

La casación penal en Ecuador: su procedencia por falta de aplicación de la ley

The filing of the extraordinary appeal for criminal cassation, in Ecuador, based on the violation of the law in a sentence, means that the appellant must take into account any of the three components established in the law. However, when focusing on the ‘expressly contravening’ component, a diaspora of criteria arises to conceptualize or define it, coming from the legislator, doctrine, jurisprudence and comparative law, which makes it very difficult to decide when, in fact, the user of justice, is before the stated component. Then, with the application of the qualitative approach and following the theoretical legal, historical-logical, exegetical-analytical and comparative legal methods, the general objective is formulated: ‘Critically review the bases that lead to the legal formulation of article 656 of the Code Comprehensive Criminal Organic Law on the origin of the Cassation Appeal, specifically, regarding the first component of the violation of the law as “expressly contravening its text”, confronted with the principle of exhaustiveness and the jurisprudential line drawn by the National Court of Justice of the Ecuador, which, by stating that “… contravening the law is the same as its lack of application”. Arriving at the conclusion that, strictly speaking, the “express contravention” component is poorly formulated.

Review of judicial practices of the civil court of cassation as part of the supreme court regarding the consideration of complaints on the actions or inactions of a private/government executive during the execution of court decisions in civil cases

The paper is devoted to the study of the judicial practice of cassation appeals of court decisions, namely the analysis of the judicial practice of the civil court of cassation as part of the Supreme Court regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions in civil cases. The main grounds for canceling or changing court decisions in the process of consideration of the specified category of cases have been determined. The analysis makes it possible to single out procedural errors, which form the basis for the cancellation of decisions of previous instances. A person who did not take part in the case, if the court decided the issue of his rights, freedoms, interests and (or) obligations, has the right to file a cassation appeal against the court decision only after it has been reviewed in the appellate procedure according to his appeal. After the opening of cassation proceedings based on the cassation complaint of a person who did not participate in the case, but the court decided the issue of his rights, freedoms, interests and (or) duties, such a person enjoys the procedural rights and bears the procedural obligations of a participant in the case. The cassation appeal concerns a question of law that is of fundamental importance for the formation of a unified law enforcement practice. The study of the practice of cassation appeals of court decisions in civil cases regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions makes it possible to single out typical violations that occur, taking them into account in practical activities, which allows to avoid violations of rights, freedoms and legitimate interests persons participating in the proceedings, and also contributes to the adoption of a legal, substantiated and reasoned court decision.

საკასაციო საჩივრის ფარგლებს გაცდენა, საკასაციო საჩივრის არარსებობის პირობებში

According to the first part of Article 9 of the Criminal Procedure Code of Georgia, upon the initiation of criminal prosecution, the criminal legal process is carried out on the basis of equality and adversarial between the parties, also in accordance with the previous part of the second article, the party has the right to file a petition, obtain, demand through the court, present and examine all the relevant evidence in accordance with the procedure established by this Code. The mentioned principle is also realized in the consideration of the criminal case in the Supreme Court, in particular, the scope of consideration of the cassation appeal based on article 301 of the Code of Criminal Procedure depends on the extent to which the party appeals the judgment and to which extent it requests cancellation or change. According to article 206, part 4 of the Code of Criminal Procedure the cassation appeal shall be reviewed within the scope of the appeal and the response. Despite this list of norms, in accordance with the research carried out in the article, it is presented and examined, based on what the court explains that it is authorized to go beyond the scope of the cassation appeal and counterclaim and make a decision based on the evidence presented in the case, regardless of whether the appeal is presented or whether the party requests the annulment of the judgment of the second instance or change.

The institute of small cases in the civil procedure of Ukraine as an obstacle for the effective principles of the rule of law and the accessibility of justice

The article is devoted to the analysis of the institute of civil procedural law — «minor cases». The purpose of the article is to find out whether this institution of civil procedural law an obstacle in the implementation of the principles of the rule of law and access to justice. In the course of the study, the practice of the ECtHR, the provisions of the domestic legislation of Ukraine and the acts of interpretation of the Constitutional Court of Ukraine were analysed. This made it possible to illustrate the lack of unity in understanding not only the essence of the principle of the rule of law, but also the content of the legal category «minor cases». The criteria for assigning civil cases to the «insignificant» category were analysed; it is determined that the procedural law identifies three criteria for classifying a case as insignificant: 1) a direct indication in the law (regardless of the price of the claim); 2) the marginal indicator of the price of the claim; 3) judicial discretion, taking into account the price of the claim. When analysing these criteria, a comparative legal characterization of the size of the living wage for able-bodied persons in relation to the size of the minimum wage was carried out. Along with the analysis of the practice of the ECtHR, this gave grounds for the conclusion that the establishment of the limitation of the right to cassation appeal of minor cases (with the exception of some exceptions) generally corresponds to international standards of judicial development and European recommendations on the introduction and improvement of the functioning of systems and procedures of appeal in civil and economic affairs. At the same time, it was established that clauses 1 and 5, part 6 of Art. 19 of the Code of Civil Procedure of Ukraine by the civil procedural legislation, the limit indicators of the price of the claim (one hundred and two hundred and fifty amounts of the subsistence minimum for able-bodied persons) violate a reasonable balance between the interests of the state (regarding the relief of the courts and the improvement of the functioning of systems and procedures of appeal in civil cases) and the needs of the protection of fundamental rights person, taking into account the property status of the main social and demographic groups of the population of Ukraine. And such a restriction is not compatible with the clause of Art. 6 of the European Conference, as there is no reasonable relationship of proportionality between the means used and the goal they are trying to achieve. Therefore, it is proposed to revise the marginal indicators of the price of the claim and the definition of its relevant indicator for the qualification of cases as insignificant.

The genesis of the principle of cassation appeal in administrative judiciary of Ukraine

The genesis of the principle of cassation appeal in administrative judiciary of Ukraine

Peace agreements at certain stages of the civil process

The article is devoted to the analysis of the main theoretical and practical problems of the classification of settlement agreements according to the criterion of the stages of the civil process. The author supports the concept common in the theory of the civil process, according to which the stages of the civil process are distinguished according to the criterion of the closest procedural goal. According to this approach, it is claimed that it is possible to single out settlement agreements that can be concluded at the stage of preparatory proceedings, the stage of dispute settlement with the participation of a judge, the stage of consideration of the case on the merits, the stage of appellate appeal of court decisions, the stage of cassation appeal of court decisions, the stage of review of court decisions under newly discovered and exceptional circumstances, stages of execution of court decisions. The possibility of concluding a settlement agreement at the stage of opening proceedings in the case is denied, since this stage does not involve the participation of the defendant, who learns about the civil case only after receiving a court order to open proceedings in the case. In addition, according to the formed position of the Supreme Court, the conclusion of a settlement agreement is possible only after the opening of proceedings.It is indicated that at any stage of the civil process, where it is allowed to conclude a settlement agreement, its approval by the court is possible, except for the stage of settlement of the dispute with the participation of a judge, where the concluded agreement is approved at the stage of preparatory proceedings. It is noted that when concluding a settlement agreement at the stages related to the appeal and execution of the court decision, it should be taken into account that the dispute about the right has already been resolved by the court of first instance. Therefore, the legislator allows the court of appeal and cassation instance to declare invalid the court decisions of the courts of the lower instance when concluding a settlement agreement at these stages of the civil process. At the stage of execution of the court decision, it is not recognized as invalid, but the approval of the settlement agreement is carried out by the court, and not by a state or private executor.Motives for concluding a settlement agreement are determined after the legal dispute in a civil case has already been resolved by the court of first instance.

Admissibility of Reopening Cassation and Reopening Proceedings Concluded with a Decision Dismissing the Extraordinary Appeal Measure

Abstract The article is aimed at examining the admissibility of reopening cassation and reopening proceedings concluded with a decision to dismiss the extraordinary appeal measure. To this end, the article explores provisions on proceedings reopening (Articles 540 and 542 § 3 CCP), with particular focus on the term ‘court proceedings concluded with a final decision’ used by the legislator, and juxtaposes this with provisions on cassation appeal (concerning terms used in Article 521 of the Code of Criminal Procedure – ‘a final decision concluding court proceedings’ and ‘a final court decision concluding the proceedings’, and on prohibition of the so-called super-cassation, which has not been transferred to the institution of reopening of the proceedings). The author also analyses Supreme Court practice over the last twenty-odd years and reflects on historical changes to criminal procedure at the turn of the 21th century with regard to the institutions of annulment of court decisions and reopening of the proceedings.

Updated Grounds for Filing a Cassation Appeal: Constitutional Limitation or Constitutional Violation?

The relevance of the topic is due to the fact that the latest judicial reform has provoked a considerable influence on procedural relations and caused a number of problems for legal practitioners. The development of the main theoretical provisions took place since the 70s of the last century. In these studies, considerable attention was always paid to the procedural possibilities of applying to the court of first instance. At the same time, since the restoration of Ukrainian statehood, scientists have researched the value, limits of powers and, in general, the status of the Supreme Court in Ukraine. Ukraine has gone through many judicial reforms, most of which related to the courts of first instance and appeals. The main novelty, of the latest judicial reform, to which attention is paid in the article, is the updated grounds for filing a cassation appeal. Ukraine has declared a European course and adds all efforts to become part of the European family. That is why the latest judicial reform, which introduced these novellas, was carried out in the context of the European course. At the same time, the legal regulation of the possibility of applying to the court of cassation, actually restrict the constitutional rights and freedoms of a citizen, does not meet the standards announced in the decisions of the Constitutional Court of Ukraine and in the European standards, which became the main problem. The purpose of the article is to study the working documents that accompanied the relevant bills on amendments to the Constitution of Ukraine on justice, decisions of the Constitutional Court of Ukraine, the Supreme Court, as well as decisions of the European Court of Human Rights (hereinafter – the ECHR). The achievement of the outlined goal became possible due to the use of a set of methods of information analysis and synthesis. The article highlights and analyzes the working documents that accompanied the constitutional amendments on justice, the decisions of the Constitutional Court of Ukraine and the Supreme Court, the practice of the European Court of Human Rights, with the aim of identifying substantive disagreements and shortcomings. It is emphasized that the changes (at the constitutional and legislative level) actually restrict the content and scope of rights and freedoms, regarding the possibility of cassation appeal of court decisions, which were guaranteed by the Constitution of Ukraine and do not meet the principle of legal certainty. Based on the results of the study, conclusions were formulated and recommendations were made on the implementation of the right to appeal to the court of cassation.

Niewspółmierność kary jako podstawa kasacyjna

This article examines grounds for a cassation appeal in the form of a plea that the penalty is disproportionate (incommensurate) to the offence. It was introduced to the Polish criminal proceedings in 2016 and can only be raised by the Public Prosecutor General in the case of indictable offences. The article focuses on the genesis of this regulation and the course of work on it, as well as the issue of the subjective scope of Art. 523 § 1a of the Polish Code of Criminal Procedure, and on a detailed interpretation of the various terms used in this provision. In the final part of the article, the author makes his own, unambiguously critical assessment of the current regulation as well as formulates de lege ferenda conclusions in this respect.

Adversarial procedures in criminal, civil, arbitration and administrative proceedings: the search for unreasonable differences

An attempt has been made to assess the content and implementation of the adversarial principle in the criminal process from the standpoint of comparing specific norms and institutions with their sectoral counterparts in other procedural sectors. It is proposed to replace the ideologically saturated discussion about the benefits and harms of competitiveness for the criminal process with an assessment of the state of its specific institutions. It was revealed that a number of institutions of the criminal process have a non-competitive nature, among them are preventive measures, the return of the criminal case by the court to the prosecutor, monetary recovery, forensic examination, termination of the criminal case in connection with the reconciliation of the parties, appeal and cassation appeal, review of the case on newly opened and new circumstances, etc. Separate borrowings of norms from arbitration, civil and administrative proceedings, which are of a pronounced adversarial nature, are proposed to correct the identified problems of the criminal process.

Отдельные особенности осуществления административных процедур и административного судопроизводства по Административному процедурно-процессуальному кодексу Республики Казахста

В статье рассмотрены отдельные особенности административных процедур и административного судопроизводства при применении норм Административного процедурно-процессуального кодекса Республики Казахстан от 29 июня 2020 года за №350–VI–ЗРК (далее — АППК), введенного в действие с 01 июля 2021 года. Цель статьи — изучение особенностей административных процедур, административного судопроизводства и примирительных процедур при разрешении публично-правовых споров в рамках АППК, а также анализ отдельных проблемных вопросов его применения. При исследовании использованы общенаучные, частно-научные юридические методы познания. Авторами рассмотрены отличительные принципы осуществления административных процедур и процессуальные особенности административного судопроизводства. С введением в действие норм АППК упорядочен порядок проведения государственными органами как внутренних, так и внешних административных процедур, а также обособлено административное судопроизводство для разрешения публично-правовых споров с участием административного (государственного) органа либо его должностного лица. В статье затронуты проблемы пассивного, на начальном этапе, применения примирительных процедур при разрешении судами публично-правовых споров. На примере существующей практики предъявления государственными контролирующими органами исков в суд об использовании запретительно-ограничительных мер предложено передать рассмотрение такой категории дел из ГПК РК в АППК, поскольку это вытекает из публично-правовых отношений. Также имеет место неравное положение сторон публично-правового спора по срокам апелляционного и кассационного обжалования судебных актов по спорам публично-правового характера по АППК и ГПК Республики Казахстан. Вместе с тем, по-мнению авторов, введение института административных судов для рассмотрения административных дел и публично-правовых споров должно стать эффективным и действенным средством обеспечения защиты прав и законных интересов граждан и юридических лиц.

An Example of National Case Law on Moral Damages in the Field of Virtual Communities and Data Protection

The ease of communication thanks to services such as those offered by WhatsApp Messenger is not without correlative responsibilities, including in the field of personal data protection and the right to privacy. On a WhatsApp group, created for information to be sent from the Chairman of the Representative Council of Parents from Bucharest German Goethe College to parents and vice versa, the Chairman posted the document initiating a lawsuit filed by one of the parents against the Board as a result of the son's sanction consisting in a bad grade for behavior. Bucharest Tribunal held that the information provided by the college to the Chairman of the Representative Council of Parents by communicating the request for summons in its entirety exceeds the proportional and necessary character provided by Article 6 (1) of Regulation (EU) 2016/679. Likewise, the Court held that the Chairman who disclosed the document had the opportunity to communicate only the information necessary to that community, not the personal data of the applicants. So the assertion that the defendant communicated the respective document only for information purposes cannot be retained, this exceeding the requirement of proportionality and the necessary character. The Tribunal found that, by committing the two illicit acts mentioned, the child's right to privacy was violated, as recognized by Article 8 ECHR and Article 71 of the Romanian Civil Code. Although a cassation appeal was filed, the outcome of this case came as no surprise, the appeal on a point of law being rejected.

Эффективность приказного производства

Writ proceedings are one of the ways to optimize justice, part of the broader concept of simplified procedures. The question of the effectiveness of writ proceedings is still debatable, since a number of practical problems arise in the very procedure for issuing and issuing a court order. Purpose. To analyze the procedures for writ proceedings and the features of a court order as a judicial act from the standpoint of their effectiveness in protecting violated rights. Methodology. The work uses such methods as: analysis, synthesis, formal-logical, comparative, formal-legal. Results. The article substantiates that the conduct of writ proceedings by the court means the administration of justice, since the court evaluates the evidence and resolves the case on the merits. The specificity in the collection and evaluation of evidence, in the implementation of a number of principles of legal proceedings is characteristic not only for writ proceedings, but also for absentee and simplified proceedings. This means that these moments in themselves cannot be indicators of attribution to legal proceedings. The effectiveness of a court order as a judicial act and an executive document is determined by the fact that it 1) resolves the case on the merits; 2) does not require motivation, but requires references to the laws used; 3) is an executive document; 4) is not appealed in the appeal procedure, enters into force by the very fact of extradition; 5) may appeal in cassation. The insurance elements of writ proceedings (procedural guarantees) are: the possibility of filing objections by the debtor; self-control of the court that issued the writ; the possibility of restoring the deadline for filing objections; possibility of cassation appeal against the court order. Order production is moving from paper to electronic, which also increases its efficiency. Conclusion. Despite the existing problems both with the implementation of writ proceedings and with the execution of a court order, in general, the institution of writ proceedings must be recognized as effective. The main role in this conclusion is played by the presence of insurance elements in the rules of writ proceedings, as well as the readiness of its procedures to switch to an electronic format of the case.

СФАЛЬСИФІКОВАНІ ЕЛЕМЕНТИ КРИМІНАЛЬНОЇ СПРАВИ 1935 Р. СВЯЩЕННИКА ЧЕРНІГІВСЬКОЇ ЄПАРХІЇ ГЕОРГІЯ МИХАЙЛОВИЧА КОНОШЕВИЧА

The article provides basic biographical information about the life and activities of the priest Georgy Mykhailovych Konoshevich. The illegal punishment served by him in 1932 was analyzed. The main source base of the research is the materials of the criminal case of the priest in 1935. The events covered in the criminal case took place in the territory of the Chernihiv region in the 1920s and 1930s. It was during this period that the clergy suffered from constant restrictions and persecution by the Soviet authorities. It should be noted that in the specified period there were changes in the administrative and territorial boundaries of Chernihiv Oblast. In particular, from the end of the XIX century. Until 1923, in the geographical names we indicate Novgorod-Siversky District of Chernihiv Province, from 1923 to 1932 we use Novgorod-Siverskyi, later Glukhivsky District of Chernihiv Province, and from 1932 Novgorod-Siversky District of Chernihiv Region. The historical value of the above case is that the original criminal case was lost. In connection with the beginning of the open armed aggression of the Russian Federation against Ukraine on February 24, 2022, the building where the archive was stored was completely destroyed. Currently, we have kept scanned copies of the case, which were made long before the beginning of the aggression. We are publishing the case materials for the first time. In order to establish the priest’s biographical data and identify all the fabricated elements, we used: phenomenological, biographical approaches and a critical method of analysis. The article presents information about the work of researchers who studied similar criminal cases. The priest’s biographical data was established using the analysis of the arrested person’s questionnaire. It was not possible to establish only the year of the priest’s death, since after his imprisonment his further fate was not covered in historical sources. The main attention in the article is given to the protocols of interrogations of witnesses and the priest, as well as quotes from the protocols. In the study, scientifically substantiated elements of falsification of the case are given. A comparative analysis of the defendant’s signature at the beginning of the case and in the interrogation protocol was conducted, which may indicate the fact of possible use of physical or psychological pressure by NKVD employees. The article quotes from the cassation appeal of the defendant, in which he gave full explanations regarding his actions and the testimony of fellow villagers. In the conclusions, we note that the case is completely fabricated, and the long prison term is unjustified and caused by religious persecution.

Kilka uwag na temat skargi kasacyjnej w postępowaniu sądowym w sprawach z zakresu zamówień publicznych

The study presents the general characteristics of the cassation appeal in public procurement cases. In this respect, the new statutory regulation – the Public Procurement Law of 2019 – significantly changed the nature of the legal remedy in question, providing for giving the legitimacy to bring the case for entities directly interested in resolving the case – the parties to the proceedings, in addition to the previously authorised President of the Public Procurement Office. As a result, the cassation appeal in public procurement cases finally has a chance to be included in the category of legal remedies. The article contains a broad description of the cassation appeal in public procurement cases, with particular stress put on the requirements for being effectively submitted. The study also refers to the very examination of an action regarding public procurement. The author presents the analyses in a methodological way.

The Establishment of the Institute of Cassation Appeal in Russia

Understanding the essence of the Russian institute of cassation proceedings in the criminal process, which is now undergoing another reform, is impossible without researching its establishment and historical development. The author studies the mechanism of the cassation revision of court decisions taken during criminal court proceedings, and the structure of the norms in the Charter of Criminal Proceedings adopted on Nov. 20, 1864 referring to criminal proceedings in the court of cassation, together with the specific and characteristic features typical of the criminal process in the pre-Soviet period.

Institute of Cassation Appeal in Сriminal Proceedings

The modern Institute of cassation proceedings of criminal procedure law of Russia demonstrates high efficiency and relevance among interested participants of criminal proceedings. The experience of practical application of the updated institute of cash production led the legislator to the need to make significant adjustments to it. This concerned the determination of the term of the cassation appeal and the clarification of the instantiation of the cassation appeal. These novels are of interest for analysis at the level of scientific understanding. The use of an institutional approach, comparative legal, systemstructural and other research methods makes it possible to see the validity of the inclusion of these elements of criminal procedural regulation in the content of the institute of cassation appeal. The previously existing indefinite procedure for appealing court decisions in criminal cases in the order of "continuous cassation" conflicted with the requirement of timely provision of high-quality judicial protection, carried out through the prompt elimination of possible judicial errors in the cassation procedure. The unlimited period of realization of the right to cassation appeal of certain criminal procedural decisions introduced uncertainty into the legal relations of the subjects of the process, who were waiting for an excessively long time for a possible refutation of the final judicial decision affecting their interests, negatively affected the reasonable duration of criminal proceedings. The absence of a mandatory condition for cassation appeal in view of the need for a preliminary appeal did not contribute to the use of the entire law-restoring potential of control and verification proceedings, did not meet the principle of unification of the procedural appeal of court decisions made in all forms of legal proceedings. These circumstances, to a certain extent, served as the grounds for making legislative changes to the institution of cassation proceedings.

ANALISIS HUKUM ATAS TANGGUNG JAWAB NOTARIS TERHADAP TERJADINYA PERBEDAAN SAKSI DALAM SALINAN AKTA DENGAN MINUTA AKTA (STUDI KASUS PUTUSAN M.A NO. 2468-K/PID/2006)

The result of the research shows that the evidence inhered to the authentic deed is tangible evidence, formal evidence, or material evidence. In this case, the Panel of Judges of the Supreme Court use material evidence, the truth of the content of authentic deed, because in their legal opinion, in this casse, the problem is the content of the deed not the names of the witnesses. The Notary has issued the copy of the deed with different witnesses from those that are specified in the deed minute which later becomes a claim or complaint from the person who has complaint about the deed made by the Notary. Therefore, the Notary can be sued and is required to take the responsibility in the criminal law (if the criminal count is fulfilled), civil law (if Article 1365 of the Civil Code is fulfilled), state administratuve law and law No. 2/2014 (if Article 16 paragraph 1. Letter d of law No. 12/2014 on Notarial Position is fulfilled). The Judge of the Supreme Court hands down the Ruling No. 2468 K/Pid/2006 which states that the Court rejects the cassation appeal of the appelant, the prosecuting attorney or public prosecutor in the District Attorney’s Office or the Provincial General Attorney’s Office of Surabaya because the judge has his opinion that the case of witnesses in the Notarial Deed is nit the case material.Keyword : Notary, Deed Minute, Deed Copy, Liability