On the Content of the Concept of a Material Breach of Law as the Grounds for the Cancellation or Change of a Court Decisionin Cassation Proceeding
The article analyses special aspects in the concept of a material breach of law. The difference is shown between referring to a material breach as a base to cancel or modify a judgment, applied by a legislator in accordance with part 1, article 401/15 and reference stated in part 1, article 389.17 o...
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| Main Author: | |
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| Format: | Article |
| Language: | Russian |
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Omsk Law Academy
2017-06-01
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| Series: | Сибирское юридическое обозрение |
| Subjects: | |
| Online Access: | https://www.siberianlawreview.ru/jour/article/view/1540 |
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| Summary: | The article analyses special aspects in the concept of a material breach of law. The difference is shown between referring to a material breach as a base to cancel or modify a judgment, applied by a legislator in accordance with part 1, article 401/15 and reference stated in part 1, article 389.17 of the Criminal Procedure Code of the Russian Federation. It is proved that a material breach of law can be admitted as a base to cancel or modify judgment by Appeal Court only in case it effects the legality of a Lower-level Court judgment. |
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| ISSN: | 2658-7602 2658-7610 |