kassatsioonivõimalus

Kassatsioonivõimalus refers to the possibility of appealing a court decision to a higher court for review, specifically the Supreme Court in Estonia. This legal mechanism allows a party dissatisfied with a lower court's ruling, typically a district court or circuit court, to seek a further examination of the case. The appeal is not a re-trial of the facts but rather focuses on the application of law. The Supreme Court does not re-examine evidence presented in the lower courts. Instead, it scrutinizes whether the lower courts correctly interpreted and applied the relevant statutes and legal principles.

The grounds for a cassation appeal are generally limited to errors of law. This can include procedural irregularities that may have affected the outcome of the case or a misinterpretation of substantive law. It is not a remedy for factual disputes or a disagreement with the lower court's assessment of evidence. The party filing the appeal, known as the appellant, must demonstrate a substantial legal error.

The process typically begins with the submission of a cassation appeal to the Supreme Court within a specified timeframe. The Court then reviews the appeal to determine if it meets the criteria for acceptance. If the appeal is accepted, the Supreme Court will then consider the arguments from both parties and may uphold the lower court's decision, overturn it, or send the case back to the lower court for further proceedings. This right of appeal ensures a degree of legal certainty and the uniform application of law across the jurisdiction.