Significant Violations of the Law as Grounds Cancellation or Modification of a Court Decision

The modern institution of appeal and evaluation of court decisions includes two groups of grounds for the cancellation or modification of previously adopted court decisions related to significant violations of criminal procedure legislation. If the first group of grounds indicates specific violations of the law, then the second does not have enough specific indications of any circumstances that can be considered unconditional for the cancellation or modification of court decisions. Therefore, a detailed analysis of them is necessary. The purpose of this scientific article is to study the problems associated with understanding and evaluating the grounds for revoking or changing court decisions. The objectives of the study include the analysis of all grounds for the cancellation or modification of court decisions taken in various judicial instances reviewing decisions of lower courts and the formulation of recommendations for their application in judicial practice. The methodological basis of the research was the dialectical method of cognition, as well as various combinations of such private scientific methods as comparative legal, formal logical, technical legal and others. As a result of the conducted research, the analysis and analysis of the main grounds for the cancellation or modification of court decisions in various judicial instances was carried out and some recommendations for their application in judicial practice were formulated. In particular, it has been established that the grounds for the cancellation or modification of court decisions are most fully regulated when considering cases in courts of appeal and are applicable in other judicial instances. The modern institution of appeal and evaluation of court decisions includes two groups of grounds for the cancellation or modification of previously adopted court decisions in connection with significant violations of criminal procedure legislation. The first group of grounds is related to specific violations of the criminal procedure legislation and is expressly stipulated in the law. The use of this group of bases can be unconditional. The second group of grounds does not contain specific indications of any circumstances that can be regarded as unconditional and an analysis of judicial practice is necessary to assess them.