| Abstract [eng] |
This master thesis provides analysis of cassation as an extraordinary form of reviewing the legality of court decisions, examining both the historical origins of this institute and the current regulation in Lithuania. This work analyzes the conclusions made by both national and foreign scholars in the legal doctrine, provides relevant explanations of case law related to the peculiarities of cassation. This topic is mostly revealed by analyzing the main features and purpose of the forms of reviewing the legality of court decisions and providing comparative insights with the institute of cassation. The work also draws on examples of foreign legal systems, seeks similarities and differences with the peculiarities of foreign Supreme Courts. An analysis of this topic presents the differences between the institute of appeal, revision, and the cassation, and whether these differences remain significant at present. The examination of the topic also reveals the relationship of the right to judicial protection with the institute of cassation. The case law of the Constitutional Court of the Republic of Lithuania and the European Court of Human Rights on this issue is analyzed, the opinions of the doctrine representatives on whether the right to judicial protection includes the right to cassation are presented. In addition, when analyzing the regulation of cassation, the essential features of reviewing cases in cassation in Lithuania are presented. This work also examines the latest statistics provided by the Supreme Court of Lithuania related to cassation proceedings, which show the trends in decisions made by the Supreme Court of Lithuania, the duration of proceedings and other relevant statistics and, as a result, we can draw reasoned conclusions about the current situation of the institute of cassation in Lithuania. |
