The court's decision is the final procedural document.It ends with the imposition of the consideration of the merits pending in a court.Speaking as appropriate, the procedural document is a reflection of the entire contents of the process, he studied at the evidence and based on these findings.
assumed that the court's decision is valid, reasonable and lawful.At the same time, the practice of registered cases in which one of the parties would have agreed with the outcome flatly rendered, while considering it unfair, prejudicial to its interests and rights.
Appeals against decisions of the court is a traditional procedure.It is used in order to protect the legitimate interests of civilians, the right of judicial protection, guaranteed in the Constitution.The appeal court's decision is carried out by applying to the Court within the established norms.
should be noted some ambiguity in this procedure.Given that the appeal against the decision of the court on the one hand, intended to implement the protection of the interests of participants in the process of losing, on the other hand, it creates a barrier to the second participant in the matter of use of the benefits rendered outcome in his favor.
formation of equilibrium in the interest achieved by the introduction of specific rules for carrying out the above procedure.At the same time the procedure for appealing the court's decision involves certain deadlines disagreement.
This procedure is determined by the hierarchy of the judicial system.According to her proper (appropriate) the court may be the first, cassation, appeal or supervisory authority.For each of them, respectively (except the first) the general procedure of appeal determines its own specific requirements.Compliance with them is an essential guarantor of the adoption of disagreement on the final conclusion of the court of first instance for consideration by a higher authority.
The appeal court's decision can be carried out for a specified period of procedural rules.If the complaint is put forward to the final conclusion of the first instance court, the proper term is predetermined period of time allowed for entry into force of the final document.
Judgments of general jurisdiction, taking up the case in the first instance, come into force after the period for lodging a cassation appeal or appeal in case they were not appealed.Cassation appeal or opposition is served for ten days from the date of the final judicial decision in the final version.It should be noted that the point from which to start counting down the days, it is the date of preparation of the solution in the final version.According to the sense of procedural law, in making a final court decision is announced only the operative part of the document.This is the time to form the final version of the document.A complete and motivated final decision may be postponed for no more than five working days from the time of completion of the trial.
Cassation as well as the appeal, the appeal court decision includes, along with the data judicial body, in which it is carried out, the information concerning participants of the case, reference to a decision about which form the complaint, the arguments that reflect opposition party.It considered it appropriate to formulate admitted judicial body of first instance in breach of rules of procedural and substantive rights of the consideration of the merits.
