The draft law on the supreme court of justice and the emptying of the meaning of a way of attack – the appeal

• Published in: Revista națională de drept no. 1(249); pp. 89 - 95
• Main Authors: Turcan, Serghei, Rusanovschi, Iulian
• Format: Journal Article
• Language: English
• Published: 01.11.2023
• ISSN: 1811-0770; 2587-411X
• DOI: 10.52388/1811-0770.2023.1(249).09

The remedy implies the right of the parties to benefit, in the resolution of an existing dispute, apart from the courts of fact and a court of law, intended to verify the way of applying the objective law to the case under judgment. Through this appeal, the Supreme Court of Justice fulfills one of its most important roles - that of unifying judicial practice. The existence of a Supreme Court is also a matter of national unity, taking into account the fact that in the Republic of Moldova there are two autonomous territorial-administrative units - Transnistria and Gagauzia. There are two basic principles of the Supreme Court of Justice: the first is the sovereignty of the decisions given in the last instance and the second is contained in the nature of the appeal, from which it appears that the Supreme Court does not constitute a third degree of jurisdiction and as such is prevented from knowing the substance of the cases received for examination. The draft law of the Supreme Court of Justice disfigures this remedy at law, which can only be used for cases of the greatest social and legal importance, as well as those that reveal particularly serious violations of the law and human rights.