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Appeal according to the rules of the first instance of the Code of Civil Procedure. Appeal of the definitions of the court of first instance

Legislation
05.11.2020

    Decisions of the court of first instance that did not enter into force may be appealed to appeal In accordance with the rules provided for by this Chapter.

    The right to appeal appeal to the court decision belongs to the parties and other persons participating in the case. The right to bring the appellate presentation belongs to the prosecutor participating in the case.

    The appeal is also entitled to submit persons who were not attracted to participate in the case and the question of rights and the responsibilities of which was resolved by the court.

Article 320.1 Code of Civil Procedure of the Russian Federation. Courts considering appeals, presentation

Appeals complaints, ideas are considered:

    district Court - on the decisions of global judges;

    supreme Court of the Republic, regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court autonomous District, district (naval) military court - to solve district courts, solutions of garrison military courts;

    Judicial board Supreme Court Russian Federation, Judicial board administrative deeds Supreme Court of the Russian Federation - on the decisions of the Supreme Courts of the Republics, regional, regional courts, vessels of the cities of the federal significance, the Court of Autonomous Region, ships autonomous districtsadopted by them at the first instance; The military board of the Supreme Court of the Russian Federation - on solving district (naval) military courts, adopted by them at the first instance;

    The Appeals Collegium of the Supreme Court of the Russian Federation - on the decision of the Supreme Court of the Russian Federation, adopted at the first instance.

Article 321 Code of Civil Procedure of the Russian Federation. The procedure and deadline for filing appeals, submission

    Appeals complaint, submission is filed through a court decision. Appeals complaint, the presentation received directly to the appellate instance is subject to direction in the court, which made a decision, for further actions in accordance with the requirements of Article 325 of this Code.

    Appeals complaint, submission can be filed within a month from the date of the decision of the Court in the final form, unless otherwise established by this Code.

Article 322 Code of Civil Procedure of the Russian Federation. CONTENT OF APLATING COMPLETES, PUBLICATIONS

    Appeal complaint, performance must contain:
    1) the name of the court in which the appeal complaints is submitted;
    2) the name of the person submitting a complaint, presentation, its place of residence or location;
    3) an indication of the court decision, which appeals;
    4) the requirements of the person submitting a complaint, or the requirements of the prosecutor bringing a submission, as well as the grounds for which they consider the decision of the Court is incorrect;
    6) List of attached to the complaint, submitting documents.

    In appeal, the submission cannot contain the requirements not stated when considering the case in the court of first instance.
    The reference to the appeal, or the prosecutor bringing an appeal presentation, on new evidence that was not submitted to the court of first instance, allowed only if justified in these complaints, the submission that these evidence was impossible to submit to the court of first instance.

    The appeal is signed by a person who has a complaint, or his representative. A power of attorney or other document certifying the authority of the representative should be attached to the complaint filed by the representative.
    The appeal view is signed by the prosecutor.
    4. A document confirming payment is attached to the appeal. state dutyIf the complaint is subject to payment.
    5. Appeals complaint, the presentation and documents attached to them are represented with copies, the number of which corresponds to the number of persons participating in the case.

Article 323 Code of Civil Procedure of the Russian Federation. Leaving appeals, ideas without movement

    When applying for appeals, submissions that do not meet the requirements provided for in Article 322 of this Code, when submitting a complaint that has not paid for the state duty, the judge is no later than five days from the date of receipt of the complaint, the presentation makes a definition that leaves the complaint without movement, and prescribes a person who has submitted a complaint, performance, reasonable time To correct the shortcomings of complaints, presentations, taking into account the nature of such shortcomings, as well as the place of residence or the place of finding a person who has submitted a complaint.
    2. In case the person submitted appeal, performance will perform in set time Instructions contained in the definition of the judge, complaint, are considered to be submitted on the day of the initial admission to court.
    3. On the definition of the judge to leave the appeals, the presentation without a movement can be filed a private complaint, the presentation of the prosecutor.

Article 324 Code of Civil Procedure of the Russian Federation. Return of appeals, performances

    The appeal is returned to the face that submitted a complaint, the appeal representation - the prosecutor in the case of:
    1) non-compliance with the deadlines for the indication of the judge contained in the definition of the ability to leave the complaint without movement;
    2) the expiration of the appeal period, if in the complaint, the submission does not contain a request for the restoration of the period or in its restoration refused.

    The appeal returns also at the request of the person who submitted a complaint, the appeal view - when recalling his prosecutor, if it was not aimed at the appellate court.

    The return of the appeal to the face that submitted a complaint, the appeal view of the prosecutor is carried out on the basis of the definition of the judge. On the definition of the judge about the return of appeals, the presentation may be filed a private complaint, the presentation of the prosecutor.

Article 325 Code of Civil Procedure of the Russian Federation. Court of first instance after receiving appeals, submission

    The court of first instance after receiving appeals, submissions filed in Article 321 of this Code, the deadlines and appropriate requirements of Article 322 of this Code, are obliged to send persons participating in the case, copies of complaints, submissions and documents attached to them.

    Persons participating in the case are entitled to submit to the court of first instance of objections in writing regarding appeals, submissions with the application of documents confirming these objections, and their copies, the number of which corresponds to the number of persons participating in the case and have the right to familiarize themselves with the case materials, With the complaint, presentation and objections regarding them.

    Upon expiration of the appeal, the court of first instance sends a case with appeal complaint, presentation and objections on them on the appellate court.
    Before the expiration of the appeal, the case cannot be sent to the court of appeal.

Article 326 Code of Civil Procedure of the Russian Federation. Refusal of appeals, submission

    The refusal of appeals, the presentation is allowed before the appeal definition by the court.

    Application for refusal of appeals, submission is filed in writing to the appellate court.

    On the acceptance of the refusal of appeals, the submission of the appellate court makes a definition that ceases production according to the relevant appeal, representation.
    The cessation of the production complaint, the presentation due to the refusal of them is not an obstacle to the consideration of other appeal complaints, ideas, if the relevant decision of the court of first instance is appealed by other persons.

Article 326.1 Code of Civil Procedure of the Russian Federation. Refusing the plaintiff from the claim, recognizing the claim by the defendant, the settlement of the parties in the court of appeal

    Refusal to the claim, recognizing the claim by the defendant or world Agreement Parties committed after the adoption of appeals, submissions, should be expressed in the appeal court submitted in writing. In the event that the refusal of the plaintiff from the claim, the recognition of the claim by the defendant, the conditions of the region of the parties were declared at the court hearing, such a refusal, recognition, the conditions are recorded in the Protocol court session And subscribe according to the plaintiff, the defendant, the parties to the settlement agreement.

    The procedure and consequences of consideration of the statement on the refusal of the claimant from the claim or statement of the parties to the conclusion of the settlement agreement are determined by the rules, installed parts The second and third article 173 of this Code. When making refusal of the claimant from the claim or when approving the World Agreement of the Parties, the court of appeal cancels the decision of the court and ceases the proceedings. In case of recognition by the defendant, the claim and its adoption by the appellate court decides to meet the claims declared by the plaintiff.

Article 327 Code of Civil Procedure of the Russian Federation. The procedure for considering the case by the court of appeal instance

    The Court of Appeal informs those involved in the case, about the time and place of consideration of the complaint, presentation on appeal.
    The appellate court re-examines the case at the court hearing according to the rules of production in the court of first instance, taking into account the features provided for by this chapter.
    Cases in the courts of appeal, with the exception of district courts, are considered collegially.

    The session of the appellate court opens the judge-chair, who announces what the case is considered, on whose appeal, it is subject to consideration and the decision of which court is filed with these complaint, the presentation, finds out who among those involved in the case, their representatives appeared, establishes the identity of the resulting, checks the powers officials, their representatives and explains to persons participating in the case, their procedural rights and obligations.
    The consideration of the case in the court of appeal is collegially begins with the report of the judge chairman or one of the judges. The judge-rapporteur sets out the circumstances of the case, the content of the decision of the court of first instance, the arguments of appeals, submissions and admitted about them the objections, the contents of new evidence submitted to the court, and also report other data that the Court must be considered to verify the decision of the court of first instance.

    After the report, the appellate court hears the explanations of the people who participated in the case, their representatives. The first is a person who has submitted an appeal, or his representative or a prosecutor if the appeal representation is brought. In case of appealing the decision of the court, both parties are the first plaintiff.
    After the explanations of the person who submitted the appeal, or the prosecutor, if they were brought by the appeal presentation, and other persons participating in the case, their representatives of the appellate court, if there are appropriate applications, the evidence existing in the case, after which proceeds to the study of the new evidence taken by the court.

    At the end of the clarification of the circumstances of the case and research of evidence, the appellate court provides persons participating in the case, the opportunity to speak in judicial debates in the same sequence in which they gave explanations.

    In the course of each court session of the court of appeal, as well as in the commission of individual procedural actions, outside the court session, a protocol under the rules provided for by Chapter 21 of this Code are conducted.

    The Court of Appeal does not apply the rules on the connection and separation of several claims, about changing the subject or reason for the claim, about changing the amount of claims, about the presentation of a counterclaim, about replacing the improper respondent, to attract to participate in third parties.

Article 327.1 Code of Civil Procedure of the Russian Federation. The limits of the consideration of the case in the court of the appellate instance

    The appellate court considers the case within the arguments set out in the appeal, representation and objections regarding the complaint, submission.
    The appellate court assesses the existing in the case, as well as additionally presented evidence. Additional evidence is accepted by the court of appeal, if the person participating in the case has substantiated the impossibility of their submission to the court of first instance for reasons that do not depend on it, and the court recognizes these causes respectful. On the adoption of new evidence, the court of appeal makes a definition.

    In case of appeal production, only part of the decision appeals, the appellate court checks the legality and validity of the solution only in the applied part.
    The court of appeal in the interests of legality has the right to check the decision of the court of first instance in full.

    Regardless of the arguments contained in the appeal, representation, the court of appeal checks whether the court of first instance is not violated by the court procedural lawIn accordance with part of the fourth article 330 of this Code, the grounds for cancellation of the decision of the court of first instance.

    New requirements that were not subject to consideration in the court of first instance are not accepted and are not considered by the appellate court.

Article 327.2 Code of Civil Procedure of the Russian Federation. Terms of consideration of the case in the court of the appellate instance

    District Court, Supreme Court of the Republic, Regional, Regional Court, Court of the city of federal significance, Court of Autonomous Region, Autonomous District Court, District (Flot) The Military Court consider the case received by the appeal, submitting a case at a time not exceeding two months from the date of its receipt to the appellate court.

    The Supreme Court of the Russian Federation considers the case received by the appeal, which is not exceeding three months from the date of its receipt.

    This Code, other federal laws may establish a shorter period of consideration of appeals, ideas for special categories Affairs in the court of appeal.

Article 328 Code of Civil Procedure of the Russian Federation. Court of Appeal Authority

According to the results of the consideration of appeals, the submission of the appellate court is entitled:

    leave the decision of the court of first instance without changing, appeal, submission without satisfaction;

    cancel or change the decision of the court of first instance in whole or in part and take a new decision on the case;

    cancel the decision of the court of first instance in whole or in part and discontinue the proceedings or leave a statement without consideration in whole or in part;

    leave the appeal, submission without consideration on the merits, if the complaint, submission was filed after the expiration of the appeal and not resolved the issue of restoring this term.

Article 329 Code of Civil Procedure of the Russian Federation. Decree of the Court of Appeal

    The decision of the Court of Appeal is made in the form of appeal definition.

    The appellate definition should indicate:
    1) date and place of determination;
    2) the name of the court, which made the definition, the composition of the court;
    3) a person who has submitted appeal, performance;
    4) the summary of the appealed decision of the court of first instance, appeals, submission, presented evidence, explanations of persons participating in the consideration of the case in the court of appeal;
    5) the circumstances of the case established by the appellate court, the conclusions of the court on the results of the consideration of appeals, submission;
    6) the motives for which the court came to his conclusions, and reference to the laws that the court was guided.

    When leaving the appeals, the presentations without satisfaction the court is obliged to indicate the motives for which the arguments of appeals are rejected.

    The definition of the court of appeal is indicated by the distribution between the parties judicial expenditures, including expenses incurred in connection with the filing of appeals, submissions.

    The definition of the appellate court enters into legal force from the date of its adoption.

Article 330 Code of Civil Procedure of the Russian Federation. Grounds for cancellation or change of court decision on appeal

    The grounds for the cancellation or change of the court decision in appeal are:
    1) incorrect determination of circumstances that are important for business;
    2) the unprovenness of the circumstances established by the court of the first instance that are important for the case;
    3) the inconsistency of the conclusions of the court of first instance set out in the court decision, the circumstances of the case;
    4) Violation or incorrect application of substantive law or procedural law.

    Incorrect application of material law standards are:
    1) non-use of the law to be applied;
    2) the application of the law not subject to use;
    3) incorrect interpretation of the law.

    Violation or improper application of the norms of procedural law is the basis for changing or canceling the decision of the court of first instance, if this violation led or could lead to incorrect decision.

    The grounds for the cancellation of the decision of the court of first instance in any case are:
    1) consideration of the case by the court in illegal composition;
    2) consideration of the case in the absence of any of those involved in the case and not properly informed about the time and place of the court session;
    3) violation of the rules about the language on which judicial proceedings;
    4) the court decision on the rights and the duties of persons not attracted to participate in the case;
    5) the court decision is not signed by a judge or any of the judges or the court decision signed not by the judge or not the judges who were part of the court who considered the case;
    6) the absence in the case of the trial;
    7) Violation of the rule on the secret of the meeting of judges when making a decision.

    In the presence of the foundations provided for by the fourth this articleThe court of appeal is considering the case under the rules of production in the court of first instance without taking into account the features provided for by this chapter. The transition to the consideration of the case on the rules of production in the court of first instance is made with an indication of actions that should be made by persons participating in the case and the timing of their commit.

    The correct decision of the court of first instance can not be canceled in one formal considerations.

Article 331 Code of Civil Procedure of the Russian Federation. Appeal of the definitions of the court of first instance

    The definitions of the court of first instance can be appealed to the court of appeal separately from the court decision by the parties and other persons participating in the case (private complaint), and the prosecutor may be brought by the presentation if:
    1) this is provided for by this Code;
    2) The court decision excludes the possibility of further traffic.

    Private complaint, the presentation of the prosecutor is considered:
    1) on the definitions of the magistrate - the district court;
    2) for definitions district Court, Garrison Military Court-Carrot Court of the Republic, regional, regional court, the court of the city of federal significance, the court of the Autonomous Region, the Court of Autonomous Okrug, District (Fleet) by the Military Court;
    3) to define the Supreme Court of the Republic, regional, regional Court, the courts of the city of federal significance, the courts of the Autonomous Region, the court of the Autonomous Okrug, the District (Flot) of the Military Court - the appellate instance of the Supreme Court of the Republic, the regional court, the court of the city of the Federal Region, the Court of Autonomous Region, the Autonomous District Court, the District (Flot) of the Military ships;
    4) on the definitions of the Supreme Court of the Russian Federation - the Appeals Collegium of the Supreme Court of the Russian Federation.

    For the remaining definitions of the court of first instance, private complaints, prosecutor representations are not submitted, but objections to them can be included in the appeal, representation.

Article 332 Code of Civil Procedure of the Russian Federation. The deadline for submission of a private complaint, the presentation of the prosecutor

Private complaint, the presentation of the prosecutor can be filed within fifteen days from the date of the definition of the court of first instance.

Article 333 Code of Civil Procedure of the Russian Federation. The procedure for filing and consideration of a private complaint, the presentation of the prosecutor

    The submission of a private complaint, the presentation of the prosecutor and their consideration by the court occur in the manner prescribed by this chapter, with seizures provided for by part of this article.

    A private complaint, the presentation of the prosecutor to the definition of the court of first instance, with the exception of the definitions on the suspension of the proceedings, on the termination of the proceedings in the case, on leaving the application without consideration, are considered without notifying persons participating in the case.

Article 334 Code of Civil Procedure of the Russian Federation. Powers of the appeal court when considering a private complaint, the presentation of the prosecutor

Court of Appeal, examined the private complaint, the presentation of the prosecutor, has the right:

    leave the definition of the court of first instance without changing, complaint, the presentation of the prosecutor without satisfaction;

    cancel the definition of the trial in whole or in part and resolve the question of the merits.

Article 335 Code of Civil Procedure of the Russian Federation. Legal strength of determining the court of appeal

The definition of the court of appeal, submitted by a private complaint, representing the prosecutor, enters into legal force from the date of its submission.

professional in Moscow

Civil Procedure Code, N 138-FZ | Art. 327 Code of Civil Procedure of the Russian Federation

Article 327 Code of Civil Procedure of the Russian Federation. The procedure for considering the case by the court of appeal instance ( acting editorial)

1. The court of appeal is notified by persons participating in the case, about the time and place of consideration of the complaint, presentation on appeal.

The appellate court re-examines the case at the court hearing according to the rules of production in the court of first instance, taking into account the features provided for by this chapter.

Persons involved in the case, their representatives, as well as witnesses, experts, specialists, translators are allowed to participate in the court session by using video conferencing systems in the manner established by Article 155.1 of this Code.

Paragraph has lost strength. - Federal Law of 28.11.2018 N 451-FZ.

2. The session of the court of appeal is discovered by the judge - the chairman who announces which the case is considered, on whose appeal, the presentation is subject to consideration and the decision of which court is filed with these complaint, the presentation, finds out who among those involved in the case, their representatives Appeared, establishes the personality of the officials of officials, their representatives and explains to persons participating in the case, their procedural rights and obligations.

Consideration of the case in the court of appeal begins with the report of the judge, which sets out the circumstances of the case.

3. After the report, the Court of Appeal hears the explanations of the persons participating in the case, their representatives. The first is a person who has submitted an appeal, or his representative or a prosecutor if the appeal representation is brought. In case of appealing the decision of the court, both parties are the first plaintiff.

After the explanations of the person who submitted the appeal, or the prosecutor, if they were brought by the appeal presentation, and other persons participating in the case, their representatives of the appellate court, if there are appropriate applications, the evidence existing in the case, after which proceeds to the study of the new evidence taken by the court.

4. At the end of the clarification of the circumstances of the case and research evidence, the appellate court provides persons participating in the case, the opportunity to speak in judicial debates in the same sequence in which they gave explanations.

5. In each court session of the court of appeal, as well as during the commission of individual procedural actions outside the court session, the Protocol under the rules provided for by Chapter 21 of this Code.

6. In court, the appellate instance does not apply the rules on the connection and separation of several claims, about changing the subject or reason of the claim, about changing the amount of claims, about the presentation of a counterclaim, about replacing the inappropriate defendant, about attracting third parties to participate in the case.

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21. Courts need to be borne in mind that, within a sense of article 327 of the Code of Civil Procedure of the Russian Federation, the re-consideration of the case in the court of appeal implies the verification and evaluation of the actual circumstances of the case and their legal qualifications within the arguments of appeals, submission and within the framework of the requirements that were already subject to consideration in court of first instance.

New substantive requirements that were not subject to consideration in the court of first instance, in accordance with Part 4 of Article 327.1 of the Code of Civil Procedure of the Russian Federation, are not accepted and are not considered by the appellate court (for example, the requirement for compensation for moral damage).

Part 4 of Article 327.1 parts 4 and 5 of Article 330 Chapter 39 Code of Civil Procedure of the Russian Federation.

22. In the meaning of part 1 of article 327 of the Code of Civil Procedure of the Russian Federation, with a re-examination of the case by the appellate court according to the rules of production in the court of first instance, including taking into account the features provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation apply, in particular, the rules for judicial orders (GPC RF), rules on court expenditures (chapter 7 of the Code of Civil Procedure of the Russian Federation), rules for court notices and challenges (chapter 10 of the Code of Civil Procedure of the Russian Federation), the rules for ensuring the claim (chapter 13 of the Code of Civil Procedure of the Russian Federation), the rules on the preparation of the case for the judicial proceedings (chapter 14 of the Code of Civil Procedure of the Russian Federation ), the rules for the permission of the petitions of persons participating in the case (Code of Civil Procedure of the Russian Federation), the rules for postponement of the trial (Code of Civil Procedure of the Russian Federation), the rules of research and evidence assessment (Chapter 6 and Article 175 - Code of Civil Procedure of the Russian Federation), the rules on the declaration of court decision (Code of Civil Procedure of the Russian Federation) , rules on the decision of the court decision (Part 2, 3 of Article 194 of the Code of Civil Procedure of the Russian Federation), the rules on the compilation of a motivated decision of the Court (Code of Civil Procedure of the Russian Federation), the rules on the suspension of the proceedings (chapter 17 of the Code of Civil Procedure of the Russian Federation) and the termination of the proceedings (chapter 18 of the Code RF), rules for leaving the statement without consideration (paragraphs of the second - sixth of article 222 of the Code of Civil Procedure of the Russian Federation); The rules for maintaining the Protocol (chapter 21 of the Code of Civil Procedure of the Russian Federation).

To draw the attention of the appellate courts to the fact that due to part 5 of article 327 of the Code of Civil Procedure of the Russian Federation during each court session of the appellate court, as well as during the commission of individual procedural actions outside the court session, the Protocol under the rules provided for by Chapter 21 of the Code of Civil Procedure of the Russian Federation.

It should be borne in mind that in the court of appeal instance due to part 6 of Article 327 of the Code of Civil Procedure of the Russian Federation, the rules on the connection and separation of several claims, changing the subject or the basis of the claim and the amount of claims, presenting a counterclaim, replacing the improper respondent and attracting participation In the case of third parties.

At the same time, the limitations provided for by part 6 of Article 327 of the Code of Civil Procedure of the Russian Federation do not apply to cases where the court of appeal in accordance with Parts 4 and 5 of Article 330 of the Code of Civil Procedure of the Russian Federation proceeds to the consideration of the case on the rules of production in the court of first instance without taking into account the features provided for by the chapter 39 Code of Civil Procedure of the Russian Federation.

23. If the court of appeal when considering the case, taking into account the peculiarities provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation, will establish that the court of first instance is illegally refused to satisfy the application of the person claimed in accordance with Article 39 of the Code of Code of the Russian Federation to change the subject or reason for the claim, increasing (decreasing) The amount of claims or considered statement of claim Excluding the stated changes, which was indicated in the appeal, representation, the court of appeal in accordance with paragraph of the second part 1 of Article 327 and part 2 of Article 327.1 of the Code of Civil Procedure of the Russian Federation considers the case, taking into account the wrongful disadvantaged or previously stated and non-represented petition for the subject of the subject or the basis of the claim, increasing (decreasing) the size of the claim based on the features provided for by Chapter 39 Code of Civil Procedure of the Russian Federation.

24. In accordance with Parts 1, 2 of Article 327.1 Code of Civil Procedure of the Russian Federation, the court of appeal checks the legality and validity of the court order of the court of first instance only in the applied part on the basis of the arguments set out in the appeal, representation and objections regarding them.

At the same time, the court of appeal on the basis of paragraph of the second part 2 of Article 327.1 of the Code of Civil Procedure of the Russian Federation has the right to check the appealed judicial decision in full, going beyond the limits of the requirements set forth in the appeal, representation, and without connecting themselves to the arguments of complaints, submission.

The courts of appeal must proceed from the fact that under the interests of the legality, taking into account the provisions of Article 2 of the Code of Civil Procedure of the Russian Federation, it should be understood to verify the correctness of the application of the first instance of the norms of material and procedural law in order to protect the violated or contested rights, freedoms and legitimate interests of civil, labor participants ( official) and other legal relations, as well as to protect families, motherhood, paternity, childhood; social protection; ensuring the right to housing; health care; ensuring the right to favorable environment; protection of the right to education and other human rights and freedoms and citizen; In order to protect the rights and legitimate interests of an indefinite circle of persons and public interests and in other cases of the need to hide the law and order.

The courts of appeal must be borne in mind that the interests of legality are not responsible, in particular, the application of the first instance of the norms of material and procedural law with violation of the rules of action of laws in time, space and in the circle of persons.

If the appellate court came to the conclusion about the need to check the appealed judicial decision of the court of first instance in full, the appellate definition in accordance with paragraph 6 of Part 2 of Article 329 of the Code of Civil Procedure of the Russian Federation should contain motives for which the appellate court came to this conclusion.

25. Regardless of the arguments contained in the appeal, submission, the court of appeal, when considering the case, the existence of the provisions provided for by paragraph 4 of article 330 of the Code of Code of Certificate of unconditional grounds for cancellation of the court decision of the court of first instance, as well as grounds for termination of the proceedings (GPC RF) or leaving the application without consideration (paragraphs of the second - sixth article 222 of the Code of Civil Procedure of the Russian Federation).

26. Based on the need to comply with Article 6, paragraph 1 of Article 6 of the Convention on the Protection of Human Rights and the Fundamental Fundamental Applicant Rights trial The court of appeal cannot refuse adoptions to the appeal complaint, the presentation containing new arguments (judgments) on the requirements set forth in the appeal, submission, as well as additions to the appeal, representation containing requirements other than the requirements previously set out In the appeal, the presentation (for example, an emerged previously appealed part of the judicial decree). However, when adopting such additions to the appeal, the submission of the appeal court is necessary, taking into account the opinion of those involved in the case and present at the court session, discuss the possibility of consideration of appeals, submission in this court session.

27. In the case of a failure to appeal to the appellate instance of persons properly notified of the time and place of consideration of appeals, submission, the question of the possibility of conducting a trial in the absence of such persons is solved by the court of appeal, taking into account the provisions of Article 167 of the Code of Civil Procedure of the Russian Federation.

The court of appeal is entitled to consider the case on the appeal, the presentation in the absence of persons participating in the case, if, in violation of part 1 of article 167 of the Code of Civil Procedure of the Russian Federation, such persons did not inform the appellate court about the reasons for their non-appearance and did not provide evidence of respect for these reasons or if the reasons recognize their non-appearance disrespect.

In the court of appeal, when considering the case on the appeal, submitting both taking into account the features stipulated by Chapter 39 of the Code of Civil Procedure of the Russian Federation and without taking into account such features are not subject to applying the consequences of the non-appearance of persons participating in the case provided by paragraphs of the seventh and eight of Article 222 of the Code of Civil Procedure of the Russian Federation.

28. If there is a reference to additional (new) evidence, the submission of an additional (new) evidence, the reporting judge, based on the claims of the paragraph of the second part 2 of Article 327 of the Code of Civil Procedure of the Russian Federation, sets out their content and puts on the discussion on the adoption of additional (new) evidence to discuss Opinions of persons participating in the case.

In the case when the person expressed the application directly at the court session on the adoption and study of additional (new) evidence, regardless of the fact that in the appeal, it did not refer to them on them, the appellate court examines this petition, taking into account the opinion of persons Participated in the case and present at the court session and gives an assessment of the nature of the causes (respectful or disrespectful) impossibility of submitting additional (new) evidence to the court of first instance.

At the same time, taking into account the provisions of the Parties and provisions of part 1 of article 56 of the Code of Civil Procedure provided for in Article 12 of the Code of Article 56 of the Code of Code of Article 56 of the Russian Federation, the obligation to prove the presence of circumstances that led the person referring to additional (new) evidence, to submit them to the court of first instance, is assigned to this person.

In accordance with paragraph, the second part 2 of Article 327 of the Code of Civil Procedure of the Russian Federation, the court of appeal accepts additional (new) evidence if the reasons for the impossibility of submitting such evidence to the court of first instance are respectful.

Such reasons include, in particular, the unreasonable deviation by the court of first instance of the petitions of persons participating in the case, on the extermination, attachment to the case, the study of additional (new) written evidence or petitions on the call of witnesses, on the appointment of expertise, on the direction of the instruction; The decision of the decision on the refusal to satisfy the claim (statements) due to the skipping period of limitation or set set federal law The term of appeal to the court without the study of other actual circumstances of the case.

Additional (new) evidence cannot be accepted by the court of appeal, if it is established that the person referring to them did not submit these evidence to the court of first instance, because he had led themselves unfair and abused its procedural rights.

29. If the court of first instance is incorrectly defined by circumstances that are important for the case (paragraph 1 of part 1 of article 330 of the Code of Civil Procedure of the Russian Federation), then the court of appeal should be put on the discussion on the presentation by persons participating in the case, additional (new) evidence and, if necessary According to their petition, we assist them in collecting and exploring such evidence.

The court of appeal should also be invited to persons participating in the case, submit additional (new) evidence if in court of first instance did not prove the circumstances that are important for the case (paragraph 2 of part 1 of article 330 of the Code of Civil Procedure of the Russian Federation), including due to improper distribution Responsibilities of proof (part 2 of article 56 of the Code of Civil Procedure of the Russian Federation).

30. The adoption of additional (new) evidence in accordance with paragraph of the second part 1 of Article 327.1 of the Code of Civil Procedure of the Russian Federation is issued by making a definition, indicating the motives on which the appellate court came to the conclusion about the impossibility of submitting these evidence to the court of first instance for reasons recognized as respectful , as well as about the attribution and admissibility of evidence data.

Taking into account the provisions of articles 224 - Code of Civil Procedure of the Russian Federation, the definition of adoption of additional (new) evidence can be resolved both in the deliberation room and without removal in the advisory room by entering such a definition in the minutes of the court session.

31. In the sense of paragraph of the second part 3 of Article 327 of the Code of Civil Procedure of the Russian Federation, after an explanation of the person who submitted the appeal, or the prosecutor, which brought an appeal presentation, and other persons involved in the case, the appellate court announces the evidence in the case of the appropriate application about it Persons participating in business. In the absence of such a petition, the court of appeal can, on its initiative, to announce the evidence of their evaluations on the basis of the need for their assessment on the basis of the content of appeal arguments, submission.

The court of appeal is entitled to refuse to satisfy the petition of the person participating in the case, on the announcement of the evidence available in the case of the opinion of other persons participating in the case, arguments of appeals, submissions, the content of the court decision, the presence of a person who declared a petition, abuse of their procedural rights.

32. Court of appeals instance in court session of the Code of Code of Civil Code of the Russian Federation provided for by part 4 of article 330 of the Code of Code of Code of Execution on the basis of part 5 of article 330 of the Code of Civil Procedure of the Russian Federation, it makes a motivated definition on the transition to the case of the case on the rules of production in the court of first instance without Accounting for the features stipulated by Chapter 39 of the Code of Civil Procedure of the Russian Federation, which the appealed judicial decision of the court of first instance is not canceled. At the same time, the definition of the transition to the consideration of the case on the rules of production in the court of first instance without taking into account the features stipulated by Chapter 39 of the Code of Civil Procedure of the Russian Federation, the appeal is not subject to.

If the appellate court recognizes the case prepared on the basis of the completeness and adequacy of the evidence collected in the case, confirming the circumstances that are important for the case, as well as taking into account the opinion of the persons present at the court hearing about the possibility of continuing to consider the case in the same court hearing, it has the right to The same court session to consider the case on the rules of production in the court of first instance without taking into account the features provided for by Chapter 39 Code of Civil Procedure of the Russian Federation.

If necessary, the commission of individual preparatory actions (for example, witnesses call, to assist persons participating in the case, in collecting and exercising evidence, the appointment of expertise, the directions of the judicial assignment, etc.) of the appellate court in the definition of the transition to the case of the case The rules of production in the court of first instance without taking into account the features stipulated by Chapter 39 of the Code of Civil Procedure of the Russian Federation, or in accordance with Article 147 of the Code of Civil Procedure of the Russian Federation, in a separate definition of the preparation of a case on a trial indicates which actions should be made by persons participating in the case, and for what time. Depending on the volume, nature and duration of the preparatory actions, the new date and time of the trial can be defined as in the definition of the transition to the consideration of the case on the rules of production in the court of first instance without taking into account the features provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation and in a separate definition of Appointment of case for legal proceedings.

33. In order to make a legitimate and reasonable judicial regulation in the case of the appellate court on the basis of part 5 of article 330, the head of 39 Code of Civil Procedure of the Russian Federation is subject to adoption, research and evaluation, all attributable and permissible evidence, regardless of the reasons for their failure to submit to the court of first instance.

34. In accordance with Parts 1 and 2 of Article 327.2 of the Code of Civil Procedure of the Russian Federation, district, regional and equal courts are obliged to consider the case on the appeal, representation within a period not exceeding two months, and the Supreme Court of the Russian Federation - on time not exceeding three months The day of receipt of the case in the court of appeal instance.

To draw the attention of the courts to the fact that in accordance with Part 3 of Article 327.2 of the Code of Code of Civil Procedure of the Russian Federation, the abbreviated period of consideration of appeal complaints, submissions for certain categories of cases can be established as Civil Procedure of the Russian Federation and other federal laws (for example, in cases of violation elective law and the right to participate in the referendum of citizens of the Russian Federation).

35. In the case of the transfer of the appellate court on the basis of part 5 of article 330 of the Code of Code of Civil Procedure of the Russian Federation, the case should be considered within the deadlines specified in Article 327.2 of the Code of Civil Procedure of Article 330 of the Code of Code of the Russian Federation. The terms of consideration of the case in the court of appeal is not subject to extension.

36. It should be borne in mind that when the appeal is canceled by the court on the results of the consideration of appeals, the submission of the decision of the court of first instance on the grounds, provided for by paragraph 1 of Article 330 of the Code of Civil Procedure of the Russian Federation, in accordance with the provisions of Article 328 of the Code of Civil Procedure of the Russian Federation, the direction of the case for a new consideration of the court First instance is not allowed. In this case, the court of appeal will receive a new decision on the case.

When establishing violations of the norms of the procedural law specified in part 4 of article 330 of the Code of Civil Procedure of the Russian Federation, the court of appeal on the basis of part 5 of Article 330 of the Code of Civil Procedure of the Russian Federation proceeds to the consideration of the case on the rules of production in the court of first instance without taking into account the features stipulated by Chapter 39 Code of Civil Procedure of the Russian Federation.

When applying the provisions of paragraph 1 of part 4 of article 330 of the Code of Civil Procedure of the Russian Federation, the courts of appeal must be taken into account that the case is recognized by the court considered in the illegal composition when, for example, the case is considered by the person who did not endow the authority of the judge; The judge was to be dispersed on the grounds provided for in paragraphs 1, 2 of Part 1 and part 2 of Article 16 of the Code of Civil Procedure of the Russian Federation; The judge repeatedly participated in the consideration of the case in violation of the provisions of Article 17 of the Code of Civil Procedure of the Russian Federation.

37. Violation by the court of first instance of the norms of procedural law that establishes the rules of jurisdiction is not the basis for the application of the appellate court of paragraph 1 of part 4 of article 330 of the Code of Civil Procedure of the Russian Federation.

In the presence of these violations, the court of appeal in accordance with Article 47 of the Constitution of the Russian Federation and part 2 of Article 33 of the Code of Civil Procedure of the Russian Federation abolishes the decision of the court of first instance on the basis of part 3 of article 330 of the Code of Civil Procedure of the Russian Federation and transfers the case to the court of first instance, which the law refers to the judgment .

So, it can be transferred to the judgment in court of first instance, if a violation of the rules of jurisdiction is indicated in the appeal, the submission and court of appeal will establish that the person who has submitted a complaint or the prosecutor, which brought a submission, stated in court of the first instance of the petition On the unquestion of the case of this court or that they had no opportunity to declare in the court of first instance such a petition due to their links about the time and place of court session or unacceptable to participate in the case; If, due to the violation of the rules of labor due to the consideration of cases related to state secret, or rules exceptional jurisdiction On the claims on rights to immovable property, there was no possibility to collect, investigate and evaluate information as attributable and admissible evidence, respectively state secret or located at the location real Estatethat could lead to the imposition of the wrong decision of the court.

38. If the court of appeal will come to the conclusion that adopted by the court of first instance in the preliminary court session (paragraph of the second part 6 of article 152 of the Code of Civil Procedure of the Russian Federation) the decision to refuse to satisfy the claim (statement) due to the missing limitation period or the passage of the established Federal The law of the term of appeal to court is illegal and (or) unreasonable, then on the basis of part 1 of Article 330 and Article 328 of the Code of Civil Procedure of the Russian Federation abolishes the decision of the court of first instance. In such a situation, taking into account the provisions of paragraph of the second part 1 of Article 327 of the Code of Civil Procedure of the Russian Federation on the re-consideration of the case of the appellate court, it is subject to referral to the court of first instance for its consideration of the substantive claims, since the appealless decision of the court was submitted in the preliminary court session without research and establishment other actual circumstances of the case.

39. It should be borne in mind that by virtue of part 6 of article 330 of the Code of Civil Procedure of the Russian Federation, the right decision of the court of first instance cannot essentially be canceled according to the formal considerations (for example, due to the violation by the court of first instance of the procedure for legal judicial debate, the unreasonable liberation of the person, participating in the case, from paying state duty, etc.). The character of violations admitted by the court of first instance (formal or informal) is determined by the appellate court in each particular case on the basis of the actual circumstances of the case and the content of the arguments of appeals, submission.

The formal violations cannot be given violations of the norms of the procedural law, provided for in paragraphs 1 - paragraph 4 of Article 328 of the Code of Civil Procedure of the Russian Federation, makes a definition of leaving the appeals, submission without consideration on the merits.

In the case when the case in the court of appeal will be established that the appeal complaint will not meet the requirements of part 3 of article 322 of the Code of Civil Procedure of the Russian Federation and in the court of appeal there is no possibility to eliminate existing shortcomings, and that the appeal is filed by a person who is not entitled to Appeal appealing of the court order, since the question of its rights and obligations, the court of appeal, on the basis of part 4 of Article 1, paragraph of the fourth article 222 and part 1 of Article 329 Article 199 Code of Civil Procedure) does not prolong the date of its entry into force) . At the same time, the judge, chair-chart in relation to article 193 of the Code of Civil Procedure of the Russian Federation, explains when and in which court of persons participating in the case can familiarize themselves with the motivated appellate definition.

The operative part of the appeal definition in accordance with Parts 2 and 4 of Article 329 of the Code of Civil Procedure of the Russian Federation should contain the conclusions of the court of appeal on the results of the consideration of appeals, submission within the authority defined in Article 328 of the Code of Civil Procedure of the Russian Federation, and if necessary, indicating the distribution of court costs, including The number of expenses incurred in connection with the filing of appeals, submissions. Head of 39 Code of Civil Procedure of the Russian Federation, and after making an appeal definition, an appeal complaint was received, the presentation from other persons who had a missing appeal period was restored, the court of appeal takes such a complaint, submission to its production and considers them in the manner prescribed by Chapter 39 Code of Civil Procedure of the Russian Federation. If, when reviewing newly received appeals, the submission of the appellate court will come to the conclusion about the illegality and unreasonableness of the court order of the court of first instance, then it is canceled together with the previously made appellate definition and a new appeal definition is adopted.

If the case of the appellate court proceeded on the basis of part 5 of article 330 of the Code of Civil Procedure of the Russian Federation to consider the case on the rules of production in the court of first instance without taking into account the features stipulated by Chapter 39 of the Code of Civil Procedure of the Russian Federation, then persons who had the right to file appeal, idea, but not The court order appealed against the court of first instance, the right to apply for the protection of its rights and legitimate interests in the court of cassation. Received appeals, submission from such persons to be returned by the court of first instance on the basis of

Federal Law N 353-FZ "On Amendments to the Civil Procedure Code of the Russian Federation" (hereinafter - the law) facing optimization judicial system, increase the efficiency of the procedure for consideration of cases in all court instances. And ultimately on the organization of legal guarantees for the realization of citizens of the right to justice.

In my opinion, the legislator was made not a unavailable step to unify civil proceedings in order to increase the effectiveness of the most important goal of activity judicial authority - to eliminate legal conflicts in society. Degtyarev L.S. Implementation of the judiciary in civil proceedings: theoretical and applied problems. M., 2007. P. 48, 205.

The legislator, when amendments to the production of the appellate court, led both positive moments and disadvantages of verification of the validity of decisions of the courts of first instance according to the rules of complete and incomplete appeal.

Thus, the positive point of verification of the validity of decisions of the courts of first instance according to the rules of complete appeal include the inadmissibility of the direction of cases for a new consideration of the court of first instance. In my opinion, the main disadvantage of this dispute resolution is the consideration of cases according to the rules of the court of first instance, which, to a certain extent, requires a longer time.

In case of incomplete appeal, consideration of cases in the court of the second instance are considered quickly. But in many cases, after the cancellation of decisions, the courts are sent to a new consideration of the court of first instance, and the disputes are not allowed in all cases in the deadlines established by law.

The legislator adopted a good option when making changes to the acting CCP, taking into account the above properties of two appeal species. In this regard, it is shown that the most significant in law is that at the Code of Civil Procedure, the verification of the legality and validity of not enforced court decisions vessels of the 1st instance will be implemented by general ruleswhich correspond to traditional signs of appeal. Including elements characteristic of full and incomplete appeal. In legal literature this type of appeal is recognized by mixed. Borisova E.A. Verification of court decisions in civil Procedure: Changes in Code of Civil Procedure of the Russian Federation // Law. 2009. N 12. P. 171.

We note that before the legislator, the need for changes in the Code of Civil Problems of the Russian Federation in this area has already been sufficiently long ago. The appeal instance, despite the fact that in this instance of the proceedings there is a rule about the inadmissibility of the transfer of a case for a new consideration to the court of first instance, recently after the cancellation of decisions of the magistrate has become on various reasons to send cases to a new consideration. Shakiryanov R.V. The foundations of the direction of civil cases by the courts of appeal to the new consideration of the global judges // Russian Justice. 2010. N 10. P. 30 - 33.

To date, the next basis for the direction of cases for a new consideration of the court of first instance was cases when the decision is canceled due to the fact that the world judge is considered in the absence of any of those involved in the case and notified about the time and place of the court session.

This circumstance testifies to the fact that the practice of the activities of ships according to the rules of complete appeal began to move into incomplete. With this development of judicial practice, this could lead to the fact that cases of the appellate instance after the cancellations were increasingly addressed to the global judges for a new consideration as such as this happened in the cassation instance.

An option of mixed appeal, as it seems to me, best allows these problems in the work of the courts of the second instance.

In accordance with Art. 327 of the law is determined that the court of appeal is secondally considering the case at the court hearing under the rules of production in the court of first instance, taking into account the characteristics that are characteristic of the court of appeal. In these cases, the case of the Second Instance Court is considered by the rules of incomplete appeal, taking into account the established practices of the work of the courts of this instance.

In accordance with Article.330 of the Code of Civil Procedure of the Russian Federation at the same time, on the basis of the courts with the courts of first instance with significant violations of the Rules of Justice, the Court of Appeal is considering the case on the rules of production in the court of first instance. Further on the transition to the case of the case on the rules of production in the court of first instance is made a definition.

It should be noted that even in this stage of proceedings, many of the grounds that are provided for in Part 4 of Art. The 330 Code of Code of Civil Procedure of the Russian Federation will be determined, on some of them in their complaints will draw the attention of the courts of faces that participate in the case. This is the consideration of the case by the court in the illegal composition, violation of the rules about the language on which judicial proceedings are conducted, I.T.D.

Current civilian procedural legislation does not provide for opportunities in appeal production holding a preliminary court session.

Note that the need to resolve the above questions at the stage of preparation of the case for trial, as well as the strengthening of the preparation stage in the court of verification instance, through the legislative settlement of the existing issues in the procedural literature, was also indicated. Aleiskerers MA Pre-court session in appellate production // Modern law. 2009. N 2. P. 15 - 17.

Despite the foregoing, it should be recognized that the case of consideration by the legislant in the court of the second instance is responsible to the tasks of civil proceedings, as well as the protection of the interests of the participants in the process, in turn optimizes the consideration of the courts by the court of second instance.

Accordingly, when considering the case, the court at first, on the basis of Art. 327 Code of Civil Procedure of the Russian Federation, should check the availability of grounds for transition to the consideration of the case on the rules of production in the court of first instance.

From the above it follows that when determining grounds for the transition to the consideration of the case under the rules of the court of first instance, the stage of the court proceedings of the appellate court will actually consist of 2 stages.

At the stage of the stage, all cases will be considered by the rules of production in the court of first instance, taking into account the peculiarities characteristic of the court of appeal in accordance with Art. 327 Code of Civil Procedure of the Russian Federation.

At the same time, the trial will consist of generally accepted stakeholders: a) the preparatory part of the trial; b) the consideration of the case on the merits; c) the performance of the prosecutor - judicial debate; d) making and declaring decisions.

In accordance with the Code of Civil Procedure of the Russian Federation, the basis for the transition to the consideration of the case in production in the court of first instance is: consideration of the case by the court in illegal composition; Consideration of the case in the absence of any of those involved in the case and not appropriately notified about the time and place of the court session; violation of the rules about the language on which judicial proceedings are conducted; the court decision on the rights and responsibilities of persons not attracted to participation in the case; cases when the court decision is not signed by a judge or some of the judges or the court decision signed not by the judge or not the judges who were part of the court who considered the case; lack of court session in the case; Violation of the rule on the secret of the meeting of judges when making a decision.

In Article.364 of the Code of Civil Procedure of the Russian Federation, these grounds have been identified for the abolition of decisions of courts of first instance, so it can be concluded that judicial practice for consideration of civil cases will contribute to the proper use of these innovations.

The actions of the Second Instance Court are identical to the actions of the court of first instance in the preparation of the case law proceedings. However, it should be borne in mind that the case was already considered by the court, the obligation of the court of second instance includes the verification of the legality, the validity of the decision of the court of first instance.

When permitting the petitions of persons who participate in the case of the call of witnesses, the extermination of various evidence, as well as to resolve the dispute in essence, it should be borne in mind that when considering the case on the rules in the court of first instance, all evidence is subject to adoption regardless of the reasons for their failure to submit to the court of first instance. .

In this regard, it is necessary to state what changes in the Code of Code of Code of Civil Procedure of the Russian Federation, the proceedings failed to resolve a significant problem on the adoption by the court of a second instance of new evidence.

When considering the case according to the rules of incomplete appeal in accordance with Art. 327 Code of Civil Procedure of the Russian Federation New evidence is accepted only if the person participating in the case will be able to substantiate the impossibility of their submission to the court of first instance for reasons that do not depend on it, and the Court recognizes these causes respectful.

From this it follows that direct participants in the process and other persons who are involved in the case, according to the court, violations of the fundamental provisions of legal proceedings are made in a more profitable position than those who are considered by the court of first instance with the full compliance with the requirements of the law.

The doctrine of procedural law determines that both civil and arbitration procedural legislation in principle inclined to the full appeal model M.Sh. About full and incomplete appeal in arbitration process // Legislation and Economics. 2005. N 12. P. 29. Also, in judicial practice The idea of \u200b\u200bincomplete appeal is gradually moving into an appeal full. Borisova E.A. Checking judicial acts in civil cases. M., 2006. P. 143. Holding this study, it can be said that in practice, this deficiency in the legislative settlement will be compensated by the fact that the courts of the second instance, regardless of which cases are considered, they will take all the evidence submitted by the parties.

At the same time, despite the changes submitted in the Code of Civil Procedure, the changes will continue to increase the efficiency of civil proceedings, the role of the courts of a second instance, will create the necessary legal guarantees in defense legal rights, freedoms and interests of citizens, organizations.

In the event that suddenly you learned that the court of first instance issued a decision on you civil businessIn which you did not participate and did not know about which I did not know, that is, ruled without the defendant - it faces serious problems for you. For sure, they were sent on court agendas, but for some reason they did not reach: perhaps this happened due to the imperfection of the federal postal service of the Russian Federation, and perhaps you were not at home ... Causes are different: vacation, hospitalization, or just accommodation is not Place of registration. The court is deprived of the opportunity to know where you are currently being, therefore directs notifications at the place of registration.

If the court ruled without the defendant and the defendant considers this decision unfair, it is possible to correct the current situation. The fact is that the appellate instance under certain circumstances may consider the case according to the rules of the court of first instance.

In accordance with Article 327.1 of the Civil procedure Code RF: "Additional evidence is accepted by the appellate court, if the person who participates in the case substantiated the impossibility of their submission to the court of first instance for reasons that do not depend on it, and the court recognizes these causes respectful. On the adoption of new evidence, the court of appeal makes a definition. " That is, if the defendant for objective reasons could not attend the first instance to submit evidence, the court of second instance is obliged to accept them.

In accordance with Part 5 of Article.330 of the Code of Civil Procedure of the Russian Federation, in the presence of the foundations provided for by the Fourth of Art. 330 Code of Civil Procedure of the Russian Federation, the appellate court considers the case under the rules of production in the court of first instance without taking into account the features provided for by this chapter. The transition to the consideration of the case on the rules of production in the court of first instance is made with an indication of actions that should be made by persons participating in the case and the timing of their commit.

Now let's see what indicates part 4 of Article.330 Code of Civil Procedure of the Russian Federation:

The grounds for the cancellation of the decision of the court of first instance in any case are:

1) consideration of the case by the court in illegal composition;

2) consideration of the case in the absence of any of those involved in the case and not properly informed about the time and place of the court session;

3) violation of the rules about the language on which judicial proceedings are conducted;

4) the court decision on the rights and the duties of persons not attracted to participate in the case;

5) the court decision is not signed by a judge or any of the judges or the court decision signed not by the judge or not the judges who were part of the court who considered the case;

6) the absence in the case of the trial;

7) Violation of the rule on the secret of the meeting of judges when making a decision.

That is, when making a decision by the court of first instance, as the above circumstances, the court of second instance should abolish the decision of the court of first instance in any case. At the same time, to conduct a trial according to the rules of the court of first instance, that is, to interrogate witnesses from the defendant, to appoint forensic examinations At the request of the defendant and accept the evidence that the defendant could not submit.

Thus, if the court ruled without you, there is still the opportunity to defend its rights in the court of appeal. It is necessary only to submit a competently compiled appeal and a recovery application. procedural period For the filing of the appeal.