Legal Encyclopedia. The letter a

APPEAL

- A form of appeal by the persons participating in the case, have not entered into legal force of court decisions in civil, arbitration and criminal trial. Appellate proceedings governed by Sec. 39 agro-industrial complex of Russia, Ch. 43, 44 and the Code of Criminal Procedure Chapter. 34 agro-industrial complex of the Russian Federation.

The essence of the appeal lies in the fact that on the complaint of the parties or other persons involved in the case, the court of general jurisdiction or arbitration court considers the case (arbitration, civil or criminal) in not an enforceable decision or sentence as the court of second instance.

The appeal examines complaints and reporting on not entered into force verdicts, decisions, decisions made by justices of the peace, as well as arbitration courts of first instance. Appeals submitted through these courts.

The court of second instance, re

examining the case, check the legality, validity and fairness of the judicial act rendered by the trial court.

The Court of Appeal considers the case within the available appeal in civil, arbitration or criminal case and additional evidence presented.

Rights of the appellate court on appeal or the presentation are as follows:

1) leaving the act of the first instance court unchanged, complaints and performance - without satisfaction;

2) changes in or cancellation of the act and the adoption of new solutions;

3) cancellation of the judicial act in whole or in part and the termination of proceedings or abandonment of the application without consideration.

The grounds for cancellation or change of the act of the court of first instance are:

1) the trial court in the illegal composition;

2) examination of the case in the absence of any of the persons involved are not properly notified about the time and place of the hearing;

3) violation of the rules of the language in the proceedings;

4) the court decision on the rights and obligations of persons not involved in the case;

5) Failure to judge the decision or decisions are not signing those judges, which are specified in the decision;

6) in the absence of the trial record;

7) violation of rules on secrecy of judicial deliberations in the decision;

8) the findings of the court mismatch the actual circumstances of the case;

9) incorrect application of the law.

Upon review of the appeal the appellate court makes a decision, which shall enter into force on the day of its adoption.

Resolution of the arbitration court of appeal may be appealed to the court of cassation.