Subject of the Dispute: Declaring the Marriage between the Plaintiff’s Deceased Son and the Respondent, Registered on March 25, 2022, as Not Concluded.
Main Arguments of the Court: The Supreme Court established that the application for securing the claim was filed improperly – via email, rather than through the “Electronic Court” subsystem, contrary to the new legislative requirements for mandatory electronic cabinet registration. The Court emphasized that the lawyer had two options for submitting documents: in writing or through the ECITS electronic cabinet, but used an incorrect communication method.
Court Decision: Cassation complaints were satisfied, the appellate court’s ruling was revoked, and the district court’s ruling on returning the application without consideration was upheld.
