the Draft document discussed in the online scientific Advisory Council at Supreme court of Russia.
the Task of the appellate court – re-a thorough examination of the case. It examines how the facts and legal arguments which guided the first instance, making a decision. In fact, she has been working on the bugs in hot pursuit, when the decision has not yet entered into force. If someone is dissatisfied with the conclusions of the first instance, all points over “i” must arrange it appeals instance.
the majority of the appeal on civil cases of regional courts are considered. But sent them a complaint through the courts of first instance. For example, a person sued in Pushkino. In order to appeal to the Moscow regional court, he must bring it to the office of the Pushkin district court.
In fact, district courts in this case are only intermediaries. But often they themselves are the regional courts start to return the complaint because of some minor bugs.
As told to “RG” lawyer Vyacheslav guests receive, in one region the proceedings, which he led, was delayed for six months due to formal shortcomings in the design of the complaint.
“Although the essence of the question they do not affect, – said the lawyer. In General, the position that formal and minor errors made by a party in the preparation of the appeal, shall not entail leaving it without motion or return of the applicant, be useful.”
in addition, the draft resolution affirms the legal position that all appeal hearings shall be posted on the court’s website.
“This publication is produced after proper notification of all persons involved in the case,” says the lawyer.
According to him, today, many regional courts shall publish a schedule not in all trials. It should be correct.
Another explanation: the citizens filing the complaint, you will need to send copies to all the parties to the proceedings. A check list of enclosures the letter should be attached to the copy of the complaint to the court. Otherwise, a complaint can wrap. This is to ensure that the other party was aware of everything that happens in the process, can prepare and present their arguments.
by the Way, on October 1 last year, started to operate a separate Federal appeals courts of General jurisdiction. However, they consider the appeal in cases where the first instance was the regional court. Since the vast majority of civil disputes in the first instance is the district court in the main appeal are the regional courts.
But the new courts also sometimes connected to the civil process: for three months last year, they considered��ate 64 appeal in civil cases.
