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The decision of the district court of August 20 satisfi
Content: S19-089.docx 16,08 kB
Product description
The decision of the district court of August 20 satisfied the organization’s claim for eviction without providing housing for Kachanov and his family members. On August 31, the prosecutor brought a cassation appeal, believing that the court did not have the right to consider the case without involving the prosecutor in the case. The prosecutor´s submission was accepted and the next day sent with the case file to the court of cassation. However, at the hearing of the court of cassation, the prosecutor announced the withdrawal of the submission.
The cassation instance, by its definition, terminated the cassation proceedings, since the decision of the trial court was not appealed by other persons.
On September 10, the district court received a motion by Kachanov to restore the time limit for cassation appeal of the court decision. In support of the good reason for missing the statute of limitations, he referred to the fact that the cassation proceedings had been instituted on the proposal of the prosecutor, and therefore considered filing a cassation appeal unnecessary.
Are the actions of the district judge and the court of cassation lawful?
Was the prosecutor entitled to bring a cassation appeal to a court decision? Is Kachanov´s motion subject to satisfaction?
Additional information
After payment you will be available a link to the solution of this problem in the file of MS Word. It should be noted that the problem solutions put up for sale were successfully handed over in the period 2004-2019 and could be outdated. However, the general algorithm will always remain true.
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