II UKN 38/96
AI generated
Supreme Court dismisses cassation for new factual claims barred by law requiring prior evidence.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a social insurance court's denial of disability pension. The applicant argued that military medical records proved he was healthy during service and only became disabled later, but these facts were not established in lower proceedings. The court ruled that the law prohibits raising new factual claims in cassation that require additional evidence, as the appellate court correctly relied on existing expert opinions confirming the disability existed since childhood.
Legislator headnote
AI generatedArt. 393 § 1 in conjunction with Art. 393 § 11 of the Code of Civil Procedure; Cassation proceedings are limited to reviewing established facts, excluding new claims requiring factual determination.
Keywords
AI generated
cassation appeal
new factual claims
disability pension
evidence admissibility
procedural bar
Cited Legislation
AI generatedArt. 393 § 1 of the Code of Civil Procedure
Art. 393 § 11 of the Code of Civil Procedure
Art. 393 § 12 of the Code of Civil Procedure
Art. 32 of the Act on Pension Provision for Employees and Their Families