II UKN 244/98
AI generated
Supreme Court dismisses cassation where court liability for evidence was abolished and evidence was presented by party.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a social insurance decision regarding the applicant's business activity period. The applicant argued the appellate court violated procedural rules by failing to examine evidence of social insurance contributions on its own initiative. The court rejected this claim because the statutory basis for judicial liability for evidence content had been abolished, and the evidence was actually presented by the applicant during the trial.
Legislator headnote
AI generatedArt. 393 § 11 KPC; Art. 393 § 12 KPC: The court's liability for the content of the evidentiary procedure has been abolished; cassation based on the failure to examine evidence on its own initiative is inadmissible when the evidence was presented by the party.
Keywords
AI generated
judicial liability for evidence
cassation appeal dismissal
social insurance contributions
civil procedure code
party presentation of evidence
Cited Legislation
AI generatedArt. 393 § 11 KPC
Art. 393 § 12 KPC