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Competence of Appeal Instance in Russian Constitutional Court’s Decisions

L.A. Terekhova, 
Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure 
of the Law Faculty of the Omsk State University
 

In article the position of the Constitutional Court of the Russian Federation is analyzed on the right of court of appeal instance to return the case on new examination to court of the first instance. The author comes to a conclusion that the legislative decision on change of rules of jurisdiction and provision of court of appeal instance with the right to work as the court of the first instance is submitted disputable. The problem of unequal position of the persons participating in court session of the first instance, and the persons who have had an opportunity of participation only in court of appeal instance, isn’t agreed on such rules of jurisdiction. And as the situation of the inadequate notice of someone from the persons participating in case is rather widespread, unfortunately. We believe that judicial authorities should face with complaints of such participants. The persons who haven’t been involved in case but his rights and duties were involved also has the right not to be satisfied by made of the decision of this kind. To focus of these two groups of participants on the cassation and supervising appeal means one of the following: or increase in loading of courts of cassation and supervising instance (if only to focus courts on adoption of such complaints) or violation of the rights of above mentioned participants (if rules of a filtration of complaints are the general for all).

Keywords: appeal instance; powers of court of appeal; the bases for decision cancellation; power of court of appeal to return case to the court of first instance for reconsideration.


References 

   Terekhova L.A. O prave suda apelljacionnoj instancii vozvrashhat’ delo na novoe rassmotrenie v sud pervoj instancii [On the right of the appellate court returned the case to the court of first instance] (In Russian) // Arbitration and Civil Procedure. 2012. No. 2. 

Information about the author 

    Terekhova L.A. (Omsk) – Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure of the Law Faculty of the Omsk State University (644065, Russia, Omsk city, 50 years of Trade Unions st., 100, building No. 7, e-mail: [email protected]).

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L.A. Terekhova