kassatsioonimenetluse

Kassatsioonimenetluse is a legal procedure in Estonian civil and criminal law that functions as a final appeal. It is a review of the legality of a court decision, not its merits or factual correctness. The Supreme Court of Estonia, in its cassation chamber, is the body that hears these cases. The primary purpose of cassation is to ensure the uniform application of law throughout Estonia and to correct significant legal errors made by lower courts.

A party dissatisfied with a decision from a circuit court (ringkonnakohus) can file a cassation appeal to the Supreme Court. However, not all decisions are eligible for cassation. The appeal must generally address issues of fundamental legal importance or where the lower court's decision is deemed to have violated fundamental legal principles. The Supreme Court does not re-examine evidence or hear witnesses. Instead, it focuses solely on whether the lower court correctly interpreted and applied the relevant laws.

The Supreme Court may either reject the cassation appeal if it finds no grounds for review, uphold the lower court's decision, or overturn the decision and remand the case back to the lower court for reconsideration or issue a new judgment. Kassatsioonimenetluse is a crucial mechanism for maintaining legal certainty and upholding the rule of law by ensuring that judicial interpretations are consistent and correct.