Peculiarities of cassation review of judicial decisions in cases concerning the challenge of normative legal acts

Abstract

The article is devoted to a comprehensive study of the peculiarities of cassation review of judicial decisions in cases concerning the challenge of normative legal acts within the administrative judiciary of Ukraine. Particular attention is paid to the functional role of the cassation instance as a court of law, which ensures the review of the correct application of substantive and procedural law without re-examining the factual circumstances of the case.

It is substantiated that the specific nature of this category of cases is determined by the public character of the dispute and the potential impact of a judicial decision on an indeterminate circle of persons, which enhances the importance of legal certainty and the uniformity of judicial practice. The regulatory framework governing cassation proceedings is analysed, in particular the provisions of the Code of Administrative Procedure of Ukraine concerning the grounds for cassation appeal, the limits of review, and the procedural «filters» for access to cassation consideration. Special attention is given to the correlation between the principle of the finality of judicial decisions and the task of ensuring the correct application of law in disputes concerning the legality of normative regulation. Drawing on judicial practice, it is demonstrated that cassation review in this category of cases has a clearly defined legal character and is aimed at ensuring that public authorities comply with the limits of their competence and the legally prescribed manner of its exercise. Furthermore, the study substantiates that the doctrinal clarification of the limits and functions of cassation review in cases concerning normative legal acts contributes to strengthening institutional trust in the judiciary and to enhancing the systemic coherence of administrative adjudication within the framework of the rule of law.

The methodological framework of the study is based on the formal-legal, systemic-structural, and comparative-legal methods, as well as the method of analysis and generalization of judicial practice and doctrinal sources.

The article concludes that cassation proceedings in cases challenging normative legal acts constitute a key instrument for ensuring the uniform application of law and the stability of normative regulation. Their effectiveness depends on strict compliance with the procedural limits of review, the proper substantiation of the grounds for cassation appeal, and the consistency of the legal positions of the Supreme Court, which is of fundamental importance for guaranteeing effective judicial protection in the sphere of public-law relations.