The Court of Appeal is the court of second instance, which is reviewing the decisions of the district courts. As a result, a previous verdict may be canceled or left unchanged. If the decision is still set aside, the appellate court may accept a new one or close the proceedings in the case under consideration.
Rules of Appeal
An appeal is usually made by the appellant, the losing party. When writing it, it is necessary to clearly substantiate which norms of procedural and
substantive law were violated by a lower court. I would like to focus on material standards, since they are the ones that legally reflect the disputed relations and are designed to resolve them in accordance with the law. The main requirement of the rule of law is the competent application of a specific material norm, otherwise, non-compliance with the procedure is considered a serious reason for the subsequent cancellation of a previously adopted decision. However, having pointed out such a violation in the appeal, it is not always possible to count on the annulment of the decision.
What is the time limit for an appeal?
To date, the
Civil Procedure Code provides for a period of appeal to the courts of appeal equal to 10 days from the date of announcement of the decision. If for any reason the person was absent during the announcement of the verdict, the appeal is filed within ten days after its written delivery. The appeal should be submitted to the same court that made the decision, after which the application, along with all the materials of the case, is sent to the court of appeal.
If the deadlines for filing an appeal are missed, you must necessarily attach a statement on their restoration. As a rule, courts of appeal grant such a request, since a person cannot be deprived of the right to appeal a court decision by law.
Appeal Review
The appeal is considered by a panel of three judges. If the order of the courts of first instance enters into force after some time, the decision of the court of appeal should be implemented immediately after its announcement. This means that the executive service bodies, based on the issued document, can forcibly enforce this decision, even though the person appeals to the cassation court, to which the courts of appeal are subordinate. To prevent this from happening, it is recommended that you draw up your appeal carefully, without missing important points and placing the necessary emphasis in those rules of procedural and substantive law that have been violated in the trial court.
In addition, I would like to note that the court of cassation considers civil and criminal cases, decisions on which were made by lower courts and appeal courts. Moreover, representatives of the parties are not called to the meeting, and new evidence is not accepted. All materials collected by the court of appeal and in the case are not subject to additions and are final. Therefore, when submitting an appeal, it is necessary to analyze as accurately as possible the compliance of actual legal relations with legal norms that should regulate them. Only a correctly substantiated position will allow the court of appeal to resolve the dispute in accordance with applicable law.