Preconditions for Admission of Cassation Appeal and its Admissibility


According to the law of Georgia on “Making Changes and Addition to the Georgian Civil Procedure Code” of June 23, 2005, the admission of the cassation appeal and admissibility precon ditions of cassation appeal has been distinguished from each other.
This paper discusses theoretical and practical issues of admission and admissibility of cassa tion appeal. Namely, the preconditions of cassation appeal admissibility are discussed: submission of the cassation appeal by authorized person; submission of the cassation appeal in term established un der law; compliance of the cassation appeal content with the requirements of law; prepayment of state fee; Non-existence of the written waiver of cassation appeal. The paper also discusses the pre conditions for admissibility established under article 391, section 5, subsections “a”-“g” of Geor gian Civil Procedure Code.
According to the earlier established practice, is case the Supreme Court considered cassa tion appeal as inadmissible, party was not informed about the reasons for inadmissibility and the ground due to which the cassation appeal was recognized as inadmissible, was not clear. The change was made to Georgian Civil Procedure Code on February 8, 2017 which eliminated this problem. The court renders a reasoned ruling on recognizing the cassation appeal as inadmissible. This ruling must include a reasoned rejection of the admissibility grounds specified by the plaintiff.


Justice, Theory, Practice

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