The Court of Appeal is called the court of second instance, which reviews the decisions of the district courts. As a result, a verdict previously rendered may be revoked or left unchanged. If the decision is still canceled, the court of appeal may take a new one or close the proceedings in the case in question.
Rules for filing an appeal
Appeal, as a rule, is submitted by the appellant - the losing party. When writing it, it is necessary to clearly state what norms of procedural and substantive law have been violated by the lower court. I would like to emphasize the material norms, since it is they who legally represent the disputable relations and are called upon to resolve them in accordance with the law. The main requirement of legality is the competent application of a particular material standard, otherwise the failure to comply with the procedure is considered a serious reason for the subsequent cancellation of the previously adopted decision. However, pointing out such a violation in the appeal, it is not always possible to expect the cancellation of the resolution.
What are the terms of the appellate complaint?
To date, the Civil Procedure Code provides for a period of appeal to the courts of appeal, equal to 10 days since the announcement of the decision. If for any reason the person was absent during the announcement of the verdict, the appeal shall be submitted within ten days after his written delivery. The appeal should be submitted to the same authority that made the decision, after which the application together with all the materials of the case is sent to the court of appeal.
If the time limit for filing an appeal is missed, it is necessary to attach an application for their recovery. As a rule, appellate courts satisfy such a petition, as a person can not be deprived of the right to appeal a court decision by law.
Consideration of an appeal
An appeal is considered by a panel of three judges. If the decision of the courts of first instance comes into effect after a certain period of time, the decision of the appellate court must be carried out immediately after its proclamation. This means that the executive bodies, based on the issued document, may forcefully enforce this decision, even if the person appeals to the court of cassation, to which appeals courts are subordinate. In order not to do this, it is recommended that careful consideration be given to drawing up an appeal, not missing important points and placing the necessary accents in those procedural and substantive rules that were violated in the court of first instance.
In addition, I want to note that the Court of Cassation considers civil and criminal cases, decisions on which were taken by lower courts and appellate courts. At the same time, representatives of the parties are not summoned to the meeting, and new evidence is not accepted. All materials collected by the Court of Appeal and being in the case are not subject to additions and are final. Therefore, when submitting an appeal, it is necessary to analyze as accurately as possible the correspondence of actual legal relations to legal norms that should regulate them. Only a correctly grounded position will allow the appellate court to resolve the dispute that has arisen in accordance with the current legislation.