kassatsioonikaebuse

A kassatsioonikaebus is a legal remedy available in Estonian law, specifically a type of appeal against a court decision. It is lodged with the highest court, the Supreme Court of Estonia. The purpose of a kassatsioonikaebus is not to re-examine the facts of the case, but rather to review the application of the law by the lower courts.

This means that the Supreme Court primarily looks for errors in law or procedure made by the court of appeal. It is not a fresh trial. The appellant, or the person filing the kassatsioonikaebus, must demonstrate that the lower court's decision violated substantive or procedural law, and that this violation had a significant impact on the outcome of the case.

The Supreme Court has the discretion to accept or reject a kassatsioonikaebus. If accepted, the court will review the case and may uphold the lower court's decision, overturn it, or send it back for reconsideration. The grounds for cassation are typically limited to significant misinterpretations or misapplications of the law, or serious procedural irregularities. Filing a kassatsioonikaebus is a complex legal process, and often requires legal representation.