kassatsioonkaebus

A kassatsioonkaebus is a legal remedy in Estonian civil and criminal procedure, analogous to an appeal on points of law in other jurisdictions. It is a formal request to a higher court, typically the Supreme Court (Riigikohus), to review a decision made by a lower court. The primary purpose of a kassatsioonkaebus is not to re-examine the facts of the case, but rather to determine whether the lower court applied the law correctly.

The grounds for filing a kassatsioonkaebus are limited. It can be argued that the lower court violated substantive or procedural law, or that its decision is otherwise contrary to law. The applicant must demonstrate that the alleged legal error has had a significant impact on the outcome of the case. The Supreme Court does not conduct a full retrial. Instead, it reviews the existing case materials and the arguments presented in the kassatsioonkaebus.

If the Supreme Court finds the kassatsioonkaebus to be well-founded, it may overturn the lower court's decision, amend it, or send the case back to the lower court for reconsideration. If the kassatsioonkaebus is deemed unfounded, the lower court's decision stands. The filing of a kassatsioonkaebus is subject to strict time limits and formal requirements. It is a crucial mechanism for ensuring the consistent and correct application of law throughout the Estonian judicial system.