When the Past Changes: Negative Effects of Retroactive Application of the Supreme Court’s Legal Positions
When the Past Changes: Negative Effects of Retroactive Application of the Supreme Court’s Legal Positions
When formulating a legal position in a specific case, the defence takes into account, amongst other things, the established case law of the Supreme Court of Ukraine.
Similarly, courts of first instance and appeal apply the law taking into account the relevant legal conclusions of the highest court.
However, in the course of the judicial proceedings in a single case, a situation may arise where the Supreme Court’s case law on the very same legal issue (regarding the application of a provision of procedural or substantive law) undergoes significant and, in some cases radical, changes.
As a result, at the time the court of first instance delivers its judgment, one legal position applies, whereas at the appeal stage, a different one—formed later (after the court of first instance has delivered its judgment)—is in force.
Read more in the article by an EVERLEGAL partner for Ukrainian Law Firms at the link.
In focus:
- Temporary access: time limit for executing a ruling vs the time limit for presenting the ruling for execution
- The transfer of case files by a prosecutor to a pre-trial investigation body outside the time limit provided for in p.7 Article 214 of the Criminal Procedure Code of Ukraine
- The institutional response of the Criminal Cassation Court within the Supreme Court
- Conclusions and recommendations
EVERLEGAL expert: Taras Ivanenko, Partner, Head of Anti-Corruption Practice, Attorney-at-Law and PhD in Law
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