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Production of the Appeal Court: Concept, Subjects and Objects of the Appeal

ФИО студента: Andrey Viflyantsev

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2016

Institute of appeal in civil proceedings is one of the most important institution of civil procedural law. In this study, the author argues that the relationship between the lower courts and higher courts in the proceedings of appealation has the following qualities: double subjectivity, authoritativeness, consistency, agility, protection of rights and interests of the parties involved in civil proceedings. Relationships between the superior courts and lower courts are to review of court rulings. Moreover, the feature of the review, as noted above, is that in the case of cancellation or changing the decision of the first instance court (in general or partly) of the appellate court reviewing the case on its merits again and takes on the case of a new solution, and in case of cancellation of the court completely or in part resolve the issue on its merits. It should be noted that the court is a public authority, so the rights and obligations on the revision of the judicial acts are strictly defined by law. The author also considers the full production process in the court of appeal, noting the changes in legislation. Moreover, he argues that it is necessary to change in modern legislation based on the current conjuncture.

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