The powers of the court of appeal are aimed at verifying the correctness of the actions and conclusions of the trial courts. Due to the nature of production, different rules are established. Understanding the possibilities of the appellate court helps to avoid mistakes made during the initial consideration of the case.
The first test authority
The authority of the court of appeal does not include verification of compliance with formal requirements for complaints. This is the case of a magistrate or district judge. If the materials of the complaint are transferred immediately to the court of appeal, he returns them to the district or world court, looking at whom they complained.
The case that is already ready for trial falls into the court of appeal:
- The complaint is framed in accordance with the requirements;
- the parties to the case received copies of complaints and the opportunity to send their feedback to them.
Where does the process begin
The judge-rapporteur indicates the essence of the dispute or case, the complaint, checks the fact of the appearance of the participants, the presence of authority (checks the validity of the power of attorney).
The rights and obligations are explained to the parties, it is proposed to submit petitions.
What does the procedure look like
The powers of the appellate court oblige him to send subpoenas on the time and place of the proceedings.
The trial is conducted according to the same rules as in the first instance:
- the complainant sets out the substance of the complaint;
- the second side expresses its opinion on its validity;
- the court asks additional, clarifying questions.
The trial is not limited to this if the applicant asks to add new materials to the case. They are accepted if earlier the court illegally refused to attach them to the case.
Before setting forth his vision of the case, the participant in the process has the right to file petitions (for example, to appoint a new examination, to obtain new documents or to call a new witness). The court first makes a decision on the applications, and then proceeds to examine the arguments of the complaint.
Production Features
The powers of the appellate court are to review the case as part of the claimed claim, its requirements. So, for example, additions, changes in claims, consolidation of claims, increase or decrease in the amounts claimed in a claim are not allowed. An exception is the cancellation of a previously adopted decision and consideration of the case again.
The powers of the court of appeal in civil proceedings
These include:
- verification of the application of procedural rules;
- verification of the correct application of material standards;
- the correct determination of circumstances of importance;
- the accuracy of the assessment of the parties ’arguments and the evidence provided by them, as well as the circumstances of the case.
According to the Civil Procedure Code, the powers of the court of appeal include checking the factual and legal aspects of the case.
Cassation difference
What is the difference between the powers of the courts of appeal and cassation?
- in particular the admission of complaints to proceedings;
- limited powers.
As of today, all appeals are examined in the appellate court without exception. Judges in both cassations have the right to decide which case to review.
In the courts of the level of the subject, the judge who decided to consider the case does not take further part in it.
If he refused to transfer the board materials for consideration, it remains to write a new cassation appeal to the RF Armed Forces. If the admission was also refused there, then the complaint shall be addressed to the President of the Court about the cancellation of the determination. And the case can be transferred to the board by decision of the head of the court.
The law provides for a single 6-month period for appeal of judicial acts in cassation. Therefore, do not drag out the complaint to the first appeal.
At the time of writing, a bill has been introduced that will oblige the courts of first instance to examine all complaints without exception. Judges from the Supreme Court, as before, will first decide whether to allow the case to be reviewed.
The peculiarity of the stage is also in the right of the court to send the case for a new review to the first or appeal court.
It is forbidden to establish facts again or to recognize them as not established. Within the framework of authority, it is only allowed to assess the correctness of the application of substantive and procedural law. Due to this not entirely intelligible wording, the majority of cassation complaints come back with the following wording of the reason - the applicant seeks only to overestimate the facts and circumstances of the case.
Arbitration System
The implementation of the powers of the court of appeal in the arbitration process is built according to the same rules. Some additions made:
- the party objecting to the complaint has the right to submit new papers without the permission of the judges;
- the court does not have the right to refuse to demand evidence, call witnesses, conduct an examination only because of refusal of this first instance.
What is the difference between the arbitration system
The powers of the court of appeal are exercised by 21 institutions serving simultaneously in several regions. In addition, the courts of appeal and cassation are divided. Another feature - the activities of the cassation courts are built according to the continuous cassation scheme. Those. all complaints are examined there without exception. The Armed Forces of the Russian Federation are already considering complaints selectively.
Thus, an additional incentive for the quality work of judges of the first and second instances is added to the additional protection of the rights of participants in the process.
Review Results
Both the Civil Procedure Code and the agro-industrial complex give the courts the following rights with regard to the issuance of judicial acts:
- the decision of the first instance remains unchanged;
- cancel the decision in full or in part, then make a new decision in full or in part, or only cancel the decision in part;
- cancel the decision in whole or in part and terminate the proceedings or leave the application without consideration, if the court of first instance has not previously done so.
Skipping the deadline for appeal gives the general and the arbitral tribunal the right to return the complaint to the author, without examining it on the merits.
The law does not give the right to send the case back to the first instance for consideration on the merits after the cancellation of the decision.
Finally
The second instance verifies the decision of the world and district courts. Her powers include changing decisions, their complete or partial cancellation and adoption of new ones. Cases are not sent again to the first instance.