Court of Appeal referred to the court of second instance, which is reviewing the decisions of district courts.As a result, earlier verdict may be canceled or upheld.If the decision is still undone, the appellate court may adopt new or close the proceedings in the case.
right to appeal
The appeal is usually filed by the appellant - the losing side.When writing it is necessary to clearly justify what rules of procedural and substantive rights were violated by the lower court.I would like to focus on the physical standards, as they represent a legally contentious relationship and encourage them to resolve in accordance with the law.The main requirement of the law is the careful application of a particular substantive, otherwise the non-observance of procedures is considered to be a strong case for abolishing the earlier decision.However, pointing to the breach in the appeal, you can not always count on the abolition of the decree.
in what time frame to appeal?
Today the Civil Procedure Code provides for a term applying to the courts of appeal of 10 days from the date of announcement of the decision.If for any reason the person was absent during the announcement of the verdict, the appeal is served within ten days after the written presentation.The appeal must be submitted to the same authority that made the decision, after which the application, together with all the case materials sent to the Court of Appeal.
If terms of appeal are missing, you must be sure to make a statement about their recovery.As a rule, courts of appeal satisfy such a request, as a person under the law can not be deprived of the right to appeal the judgment.
The appeal
The appeal is considered by a panel of three judges.If the decisions of the courts of first instance enters into force after a certain time, the appellate court decision must be carried out immediately after the proclamation of it.This means that the executive service, based on the issued document can be forcibly lead to the execution of the decision, even though the treatment of persons in the Court of Cassation, which is subject to appellate courts.To avoid this, a compilation of appeal recommended to be taken carefully, do not miss the important moments and spread the necessary emphasis in the rules of procedural and substantive rights which have been violated in the trial court.
Additionally, we note that the Court of Cassation is considering civil and criminal cases, decisions are taken by lower courts and courts of appeal.At the same time representatives of the parties to the meeting is not called and the new evidence is not accepted.All materials collected by the Court of Appeal and are in fact, not be subject to amendments and final.Therefore, submitting an appeal should be possible to accurately analyze the legal conformity of the actual legal norms that should regulate them.Only properly substantiated position will enable the appellate court to resolve the dispute in accordance with applicable law.
