kassatsioonkaebuse

A kassatsioonkaebus is a legal remedy available in some civil law jurisdictions, most notably in Estonia, which is a form of appeal to a higher court. It is specifically a complaint filed with the cassation instance, typically the Supreme Court, challenging a lower court's decision. The primary purpose of a kassatsioonkaebus is not to re-examine the facts of the case or introduce new evidence, but rather to review the lower court's application of substantive law or significant procedural errors.

The grounds for filing a kassatsioonkaebus are generally limited. They usually focus on alleged violations of statutory law or fundamental procedural rules by the lower court, such as the appellate court. This means that the appellant must demonstrate that the lower court misinterpreted or misapplied the law, or that a significant procedural mistake occurred that affected the outcome of the case. It is not an avenue to simply disagree with the lower court's findings of fact.

The cassation court, upon receiving a kassatsioonkaebus, will first assess whether the case meets the criteria for review. If it does, the court will then examine the legal arguments presented. Unlike a typical appeal, the cassation court does not rehear witnesses or re-evaluate evidence. Its role is to ensure legal uniformity and correctness across the judiciary. The court can either uphold the lower court's decision, quash it and send it back for reconsideration, or in some cases, amend the decision itself. The decision of the cassation instance is usually final.