ERRORS OF THE COURT OF APPEAL AND REFUSAL TO ACCEPT CASSATION APPEAL AS VIOLATION OF PROCEDURAL JUSTICE IN CIVIL PROCEEDINGS. ANALYSIS OF THE SITUATION IN JUDICIAL PRACTICE OF THE REPUBLIC OF LATVIA

Abstract

The article is based on a recent civil case practice sample, i.e., the
decision of the appeal court,
which shows problematic issues. The mentioned example has been chosen because showing the direct
negative effect on a disabled child's rights, thereby showing the consequences of the formalism of the
application of procedural legal norms to specially protected persons. The author continues research on
showing justice in civil proceedings. This article analyses the case when the so called "sandwich effect" is
created, that is if the appeal court has made several violations by ap plying procedural and material norms,
but the cassation claim has been rejected to hear. The author previously analyzed the problems of civil
proceedings in the Republic of Latvia related to the person's access to the cassation court. The article
continues the detailed analysis of the problems, especially considering paragraph 2) of the second part of
Article 464. 1 of the Civil Procedure Law, which gives the right to decline acceptance of the cassation hearing
if the cassation instance judges have no reason to believe that the court decision is deliberately incorrect,
and the case is not important for the formation of a uniform judicial practice. The article observes the
situation from the point of view of procedural and general justice, if the court of appe al re qualifies the
evidence in the case, and admits evidence obtained in violation of the prohibiting norms, but the cassation
refused to accept. The actuality of the work is based on the meaning of fairness in legal proceedings and its
practical implemen tation. Research methods: descriptive, comparative, aspect analysis method, and
problem analysis method.