The court decision is the final procedural document. Its adoption ends the consideration of the case on the merits in court proceedings. Speaking in proper quality, this procedural document is a reflection of the entire content of the process, the evidence examined during it and the conclusions based on it.
It is assumed that the court decision is fair, justified and lawful. At the same time, in practice, there was no case recorded in which one of the parties would agree categorically with the result, considering it unjust, infringing on its interests and rights.
Appealing court decisions is a traditional procedure. It is used to protect legitimate civil interests, to exercise the right to judicial protection guaranteed at the level of the Constitution. An appeal of a court decision is carried out by applying to the court in the framework of the established norms.
It is necessary to note a certain duality of this procedure. Considering that appealing a court decision, on the one hand, is designed to protect the interests of participants in the process who have lost the process, on the other hand, it creates an obstacle for the second participant in the process to take advantage of the outcome in his favor.
The formation of equilibrium in the interests is carried out through the introduction of special rules for the implementation of the above procedure. Moreover, the procedure for appealing against a court decision presupposes certain deadlines for submitting disagreement.
This procedure is predetermined by the hierarchy of the judicial system. According to it, the proper (relevant) court may be the first, cassation, appeal or supervisory instance. For each of them, respectively (except the first), the general appeal procedure determines its own special requirements. Compliance with them is an indispensable guarantee of acceptance of disagreement with the final conclusion of the judicial authority of the first instance for consideration by a higher authority.
An appeal of a court decision can be carried out during the time period established by the procedural rules. If a complaint is made about the final conclusion of the judicial authorities of the first instance, then the appropriate period is determined by the period of time that is allotted for the entry into force of the final document.
Judicial decisions of bodies of general jurisdiction that accept the case for trial in the first instance shall enter into force after a period of cassation or appeal in the event that they have not been appealed. The cassation or appeal disagreement is filed within ten days from the date of adoption of the final judicial decision in the final version. It should be noted that the moment from which the countdown of days begins is precisely the date the decision was made in the final version. According to the meaning of the procedural legislation, when issuing the final judicial decision, only the operative part of the document is announced. In this case, time remains for the formation of the final version of the entire document. The preparation of a full and reasoned final decision may be delayed no more than five business days from the date of completion of the trial.
The cassation appeal, as well as the appeal, appeal of the court decision includes, together with the data of the judicial authority in which it is carried out, information regarding the participants in the case, indications of a decision about which a complaint is being formed, arguments reflecting the disagreement of the party. It is also considered appropriate to formulate the violations committed by the judicial authority of the first instance in the norms of procedural and substantive law when considering the merits.