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Some Trends of Improvement of Appeal Proceedings in Civil Procedure
Candidate of Legal Sciences, Associate Professor of the Department of Civil Procedure
of the Law Faculty of the Lomonosov Moscow State University
The article is devoted to some problems of cassation verification of judicial acts of courts of general jurisdiction, that entered into force, identified in the analysis of the current legislation and its practical application. The author notes that the mark about the introduction into force is placed on the copy of the decision of the trial court only if the decision is not changed or canceled, but a mark about changing of the court’s decision – only in case of changing of the decision by a higher authority (in this case, in practice, the decision and the appeal determination often stitched together, and on the sheet, where resolutive part of the decision is set out, a mark about amendments is put). Thus, the defendant for all his desire can not to receive the mark about the introduction into force on the decision, which had been annulled by the appeals court with the transition to the consideration of the case by rules of the first instance. In addition, in accordance with the Civil Procedure Code of the Russian Federation the definition of the judge of the court of cassation instance about return of the cassational appeal is not subject of appeal. At the same time in a situation of unjustified return of the cassational appeal it is not possible to address with the cassational appeal in the Judicial Division for Civil Cases of the Supreme Court of the Russian Federation, as the stage of «first» cassation is not considered as passed.
Keywords: judiciary; right to cassational appeal; period of treatment in the court of cassation; form and content of the cassational appeal, consequences of its noncompliance; reasons for modification or cancellation of judicial acts.
Borisova E.A. Apelliatsiya, kassatsiya, nadzor po grazhdanskim delam: Uchebnoe posobie [Appeal, Cassation, Supervision for Civil Cases: A Tutorial]. Moscow, 2013, p. 258. (In Russian)
Information about the author:
Moiseev S.V. (Moscow) – Candidate of Legal Sciences, Associate Professor of the Department of Civil Procedure of the Law Faculty of the Lomonosov Moscow State University (119991, GSP-1, Moscow, Lenin Hills, 1, Building 13 (4th Training Corps), 404a room; e-mail: email@example.com).