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Appeal in the Civil Procedure: Characteristics and Problems

ФИО студента: Darya Kokorina

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2016

The theme of this work is "The appeal in civil proceedings: characteristics and problems." The purpose of work is to determine the model of the modern appeal and its features, as well as identifying problems and finding possible options to resolve them. This work consists of three chapters. The first chapter discusses the concept of the appeal proceedings, the essence of complete and incomplete appeal, their advantages and disadvantages. The second chapter deals with the production of appeal before and after the reform of 2010 -2012 years, the definition of the type of appeal and to identifying modern problems. The appeal proceedings before the reform applied to the complete model of the appeal, and after the reform there was a mixed model of appeal. The third chapter is devoted to the following issues appeal: the effectiveness of the appeal, various terms to appeal rulings of the trial court, a brief term of the appeal, the limits on appeal, the uncertain status of persons who was not involved in the case and the concept of a new (additional) evidence. In conclusion, it is proposed to upgrade the Code of Civil Procedure of the Russian Federation. In particular, it is proposed to increase the qualifications of judges; establish a single time limit for appeal against rulings; consolidate the possibility of submitting an appeal brief and prescribe remedial action for its adoption; remove restrictions on the limits of the complaint and provide an opportunity for the courts of appeal to consider the complaint in its entirety; register the procedural status of persons who are not involved in the case and the possibility of sending the case to the court of first instance; differentiate between the concept of new and additional evidence, as well as to consolidate the prohibition yourself to request further evidence of the appeal court.

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