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Supreme Court: an indication of the lack of an assessment of evidence by the cassation is not a basis for an appeal against a judicial act

Supreme Court: an indication of the lack of an assessment of evidence by the cassation is not a basis for an appeal against a judicial act

Without prejudging the question of the reliability or unreliability of the evidence, the cassation has the right to point out the absence of their assessment by lower instances.

Lawyer, partner of the law firm Tenzor Consulting Group Anton Makeychuk expressed an expert opinion on this legal position for the Advocacy newspaper, in which he stressed that in this case, “The Supreme Court took into account that the cassation instance did not decide on the merits of the dispute – upon a new consideration of the dispute in the first instances, the persons participating in the case have the right to give their arguments on all issues arising in the course of the consideration, to present the relevant evidence and otherwise substantiate their position. ”

The material of the Advokatskaya gazeta is fully available here

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