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About Ten Rules for Consideration of Civil Cases by the Rules of Proceedings before the Court of First Instance without Taking into Consideration the Appeal Proceedings with the Review of Judicial Practice, Emerging in the Work of Courts of General Jurisd
Candidate of Legal Sciences,
Judge of the Supreme Court of the Republic of Tatarstan
The article examines issues related to dispute resolution at full appeal and folding rules of civil proceedings in this regard. Self-control powers (the ability of the court of first instance to control their actions in order to identify and eliminate defects in them caused by the wrong action of the judge) of court of first instance can be done only by court of first instance and the intervention of the Court of Appeal in this activity is undesirable. Fundamental thing in the work of the Court of Appeal is the rule according to which the transition is possible only if it is specified in Pt. 4 of Art. 330 of the Code of Civil Procedure and it is not subject to broad interpretation. Involvement of third parties without independent claims and other «stakeholders» (Arts. 46, 47 of the Code of Civil Procedure) without establishing their legal status, without determining what rights and their interests violated by a decision of court of first instance cannot serve as a basis for going to trial according to the rules of full appeal. The non-participation of the prosecutor in the proceedings cannot serve as the basis for going to trial according to the rules of the court of first instance or cancellation of decisions based on law. Taking into account the effect of these rules in the article author makes recommendations for consideration of the cases and resolution of disputes.
Keywords: civil litigation; judicial practice; the transition to a hearing on the rules of the court of first instance; the rules of cases; counterclaim; procedural economy.
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Information about the author
Shakiryanov R.V. (Kazan) – Candidate of Legal Sciences, Judge of the Supreme Court of the Republic of Tatarstan (420015, Kazan city, Pushkin st., 72/2; e-mail: tatsud@ mail.ru).