CASATION FILTERS AS AN INSTRUMENT OF MULTIDIMENSIONAL CONTROL IN THE CIVIL PROCEDURE OF UKRAINE
; ; Key Findings.The analysis reveals that the term cassation filter or procedural filter is widely used in legal doctrine, yet it lacks a clear definition in positive law.Its meaning is revealed through a combination of legislative design and the discretionary interpretative practices of the Civil Cassation Court of the Supreme Court.The study identifies several models of filtering, ranging from formal-procedural (e.g., the requirement to exhaust appellate remedies) to substantive (e.g., public interest, legal uncertainty, novelty of legal issues).Five main scholarly approaches to defining cassation filters are typologized: (1) functional-procedural (viewing filters as a tool of judicial control and case selection); (2) conceptual-definition based (analyzing the term through legal definitions); (3) comparative legal (exploring foreign models of limited cassation review); (4) critical-analytical (assessing effectiveness, rationale, and risks of filtering mechanisms); ( 5) axiological (focusing on values such as justice, access to court, and balancing of interests).Research Outlook.The study concludes that further theoretical and practice-oriented development of the classification of cassation filters is essential in order to formulate a coherent definition of this phenomenon as a tool of selective access to cassation review under principles of judicial efficiency, legal certainty, and procedural fairness.This research contributes to the formation of a comprehensive theoretical foundation for understanding cassation filters as an integral component of procedural justice and legal predictability in civil litigation.
Authors
- N.V. Adamchuk
Publication Details
- Journal
- Scientific notes of Taurida National V I Vernadsky University Series Juridical Sciences
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32782/tnu-2707-0581/2025.2/05
- Citations
- 1
- Primary Topic
- Ukrainian Legal and Forensic Studies
- Type
- article
- Field-Weighted Citation Impact
- 8.52