
This paper is devoted to the general prerequisite (also known as the functional prerequisite) of an extraordinary appeal, as set forth in Article 89 § 1 in principio of the Supreme Court Law. Its fulfillment determines the possibility of upholding the extraordinary complaint. In other words, a final decision of a general or military court may be revoked if it is necessary to ensure compliance with the principle of a democratic state of law, realizing the principles of social justice. An analysis of the indicated concept in the existing literature and case law was carried out, and conclusions were presented.