1. Court appellate court notifies the persons participating in the case about the time and place of consideration of the complaint, presentation to appeal procedure.

The appellate court reconsiders the case in a court hearing according to the rules of proceedings in the court of first instance, taking into account the features provided for in this chapter.

Persons participating in the case, their representatives, as well as witnesses, experts, specialists, translators are allowed to participate in the court hearing through the use of video conferencing systems in the manner established by Article 155.1 of this Code.

Cases in the courts of appeal, with the exception of district courts, are considered collectively.

2. The court hearing of the appellate instance is opened by the presiding judge, who announces what case is being considered, on whose appeal, presentation it is subject to consideration and against the decision of which court this complaint, presentation was filed, finds out which of the persons participating in the case, their representatives appeared, establishes the identity of those who appeared, checks credentials officials, their representatives and explains to the persons participating in the case their procedural rights and responsibilities.

The consideration of a case in a court of appeal in a collegial manner begins with a report by the presiding judge or one of the judges. The reporting judge sets out the circumstances of the case, the content of the decision of the court of first instance, the arguments of the appeal, presentations and objections received regarding them, the content of new evidence presented to the court, and also reports other data that the court needs to consider to verify the decision of the court of first instance.

3. After the report, the appellate court hears the explanations of the persons participating in the case and their representatives who appeared at the court hearing. The first person to speak is the person who submitted the appeal, or his representative or prosecutor, if brought by him appeal presentation. If both parties appeal a court decision, the plaintiff will act first.

After the explanations of the person who filed the appeal, or the prosecutor, if he brought an appeal, and other persons participating in the case, their representatives, the appellate court, if there are appropriate petitions, reads out the evidence available in the case, after which it proceeds to examine new ones. accepted by the court evidence.

4. Upon completion of clarification of the circumstances of the case and examination of the evidence, the appellate court provides the persons participating in the case with the opportunity to speak in the judicial debate in the same sequence in which they gave explanations.

5. During each court session court of appeal, as well as when committing certain procedural actions outside the court session, a protocol is kept according to the rules provided for in Chapter 21 of this Code.

6. In the appellate court, the rules on the connection and separation of several claims, on changing the subject or basis of the claim, on changing the amount of claims, on filing a counterclaim, on replacing improper defendant, on involving third parties in the case.

Commentary to Art. 327 Code of Civil Procedure of the Russian Federation

1. Strict compliance with the requirements of the law regulating the procedure for considering complaints regarding court cases, is important means strengthening the rule of law.

2. Within the meaning of the commented article, the appellate court should notify about the day of consideration of the case in the appellate instance not only the persons who filed the complaint (representation), but also all other persons participating in the case.

3. A notice is sent to the persons participating in the case about the day of consideration of the case in the appellate instance.

4. Failure to comply with the requirement to notify the persons participating in the case about the day of the hearing of the case shall entail the postponement of the court session. It is recommended to post an announcement in court no later than three days before the start of the court hearing about the time of consideration of the case.

5. Failure to notify the person participating in the case is the basis for canceling the decision of the appellate court.
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By analogy with cassation proceedings. See: Resolution of the Presidium of the Supreme Court Udmurt Republic dated November 24, 1995 // Bulletin Supreme Court RF. 1996. N 6. P. 14 - 15.

6. Since in accordance with part 1 and 2 of Art. 327.2 Code of Civil Procedure of the Russian Federation court of appeal (supreme court of the republic, regional, regional court, city court federal significance, court autonomous region, court Autonomous Okrug, district (naval) military court) is obliged to consider the case on appeal, presentation within a period not exceeding two months from the date of receipt of the case, and the Supreme Court Russian Federation- not exceeding three months, the court, when fulfilling the requirements of Part 1 of the commented article on notifying the participants in the process of the time and place of consideration of the complaint, presentation on appeal, should choose any available means of communication that allow control over the receipt of information by the addressee, and determine the day of consideration of the case in court appellate court in such a way that the provisions provided for in Art. 327.2 of the Code of Civil Procedure of the Russian Federation deadlines, and also taken into account real opportunity persons participating in the case to be personally present at the court hearing.
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By analogy with previously operating requirements of the Civil Procedure Code RF. See: Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 24, 2008 N 12 “On the application by courts of the norms of the Civil Procedure Code of the Russian Federation governing proceedings in court cassation instance» // Bulletin of the Supreme Court of the Russian Federation. 2008. N 9.

7. This article establishes two main features of the appeal proceedings - verification of the legality and validity of the decision (determination) and the auditing of the beginning of the appeal proceedings.

8. Firstly, the appellate instance, on the one hand, must check not only the legality of the decision (ruling) of the court of first instance, that is, compliance with the rules of civil procedure and civil (family, labor, land, etc.) during the proceedings in the case. law, but also its validity, that is, the compliance of the conclusions of the trial court, set out in the decision (definition), with the factual circumstances of the case and the availability of evidence confirming the conclusions of the trial court. On the other hand, verification of a decision (determination) on appeal may not be limited merely to the scope of the appeal (submission). The consideration of the case by the court of appeal is carried out according to the rules of proceedings in the court of first instance. Therefore, all parts and components of a civil case may be subject to investigation. Moreover, the appellate court has the right to examine new evidence in the case. Additional evidence is accepted by the court of appeal if the person participating in the case has justified the impossibility of presenting it to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid (paragraph 2, part 1, article 327.1 of the Code of Civil Procedure of the Russian Federation).

9. The fact that the consideration of the case by the court of appeal is carried out according to the rules of proceedings in the court of first instance means that the appellate instance is not bound by the arguments of the appeal or presentation. In the interests of legality (paragraph 2, part 2, article 327.1 of the Code of Civil Procedure of the Russian Federation), she is able to check the whole matter in full in relation to all defendants (third parties), including those who did not file complaints and in respect of whom no appeal or complaint was filed by the plaintiff.

10. It is necessary to treat appeals and submissions carefully and thoughtfully. The reasons contained therein for which the applicant considers the court decision to be incorrect must be carefully studied, analyzed and compared with the available evidence so that these arguments do not remain unanswered in appeal decision(definition).

11. When considering cases on appeal, the appellate court must find out: whether the court of first instance has fully examined the circumstances relevant to the case; whether the circumstances that the court of first instance recognized as established have been proven; whether the conclusions of the court of first instance set out in the decision correspond to the circumstances of the case, whether the rules of substantive or procedural law have been violated; whether these standards are applied correctly.

12. See also commentary to Art. Art. 327.1, 328 Code of Civil Procedure of the Russian Federation.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The right word"imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Question 102. Procedural order consideration of the case in the appellate instance. Limits of consideration

3. Procedural procedure for considering a case in the appellate instance

Appeal proceedings are initiated from the moment the case with the appeal, presentation and attached documents is received by the district court.

The court that accepted the appeal (representation) sets the day of the court hearing, the time and place of consideration of the case and notifies all persons participating in the case.

In the appellate instance, the case is considered by the district judge alone.

In accordance with Art. 327 of the Code of Civil Procedure of the Russian Federation, the same rules of procedure apply in the appellate instance as in the court of first instance, but with some peculiarities.

The district court judge, who considers the appeal or presentation and is the court of second instance, does not simply reconsider and resolve the case, but checks the activities of the magistrate. Therefore, the judge, who essentially considers and resolves the case again, is charged with checking the legality and validity of the decision made by the magistrate. The implementation of these tasks is facilitated by the assessment of the materials available in the case and the established facts, as well as the opportunity provided by law to establish new facts and study new evidence in the case (Part 3 of Article 327 of the Code of Civil Procedure of the Russian Federation).

In the appellate instance, all principles of civil proceedings are in full effect, which implies the full implementation by persons participating in the case of all rights and obligations granted by law. So, they can present new evidence. At the same time, in necessary cases, guided by the principles of truth and competition, the court assists them in obtaining evidence. As part of checking the legality and validity of the decisions of the magistrates, he can repeatedly interrogate all witnesses, experts, etc., order an examination, i.e. on appeal, any evidence provided by law that is relevant to the case can be examined (Article 55 of the Code of Civil Procedure of the Russian Federation).

At the same time, the effect of some principles in appellate proceedings has its own specifics. Thus, the principle of discretion, which presupposes the possibility of taking such actions as refusal of an appeal, presentation, refusal of a claim and concluding a settlement agreement, in Chapter. 39 of the Code of Civil Procedure of the Russian Federation is not contained. However, as rightly noted by I.I. Chernykh, “...this does not mean that such actions cannot be performed in the appellate court. The right of the plaintiff to withdraw the claim and the right of the parties to conclude settlement agreement in the appellate instance, it follows, firstly, from the fact that the case in this instance is considered according to the rules of proceedings in the court of first instance; secondly, according to paragraph. 4 tbsp. 328, the appellate court has the right to terminate the proceedings, in particular, if the plaintiff abandons the claim and the parties enter into a settlement agreement (paragraphs 4 and 5 of Article 220 of the Code of Civil Procedure of the Russian Federation).” Acceptance of a refusal of a complaint or a withdrawal of a prosecutor is formalized by a judge's ruling to terminate appeal proceedings (Article 326 of the Code of Civil Procedure of the Russian Federation), if the decision or ruling has not been appealed by other persons.

At the same time, the legislator in Art. 322 of the Code of Civil Procedure of the Russian Federation does not give the parties the opportunity to include in the appeal claims that were not stated to the magistrate. This means that the plaintiff cannot change the basis or subject of the claim, and the defendant cannot declare a new one. counterclaim at this stage of the process.

During the hearing of the appellate court, all necessary procedural actions are performed, and the meeting itself, as noted above, is conducted in the same manner as in the court of first instance. This also means that when considering a case in the appellate instance, a record of the court hearing must be kept according to the rules of Art. 228-232 Code of Civil Procedure of the Russian Federation. After the judicial debate, the judge retires to the deliberation room to issue a judicial act. The procedure for its issuance and announcement is regulated by the norms of Chapter. 16 of the Code of Civil Procedure of the Russian Federation, while the form of the judicial act of the court of appeal, its entry into

legal force

- Ch. 39 Code of Civil Procedure of the Russian Federation.

2. The court hearing of the appellate instance is opened by the presiding judge, who announces what case is being considered, on whose appeal, presentation it is subject to consideration and against the decision of which court this complaint, presentation was filed, finds out which of the persons participating in the case, their representatives appeared, establishes the identity of those who appeared, checks the powers of officials, their representatives and explains to the persons participating in the case their procedural rights and obligations. The consideration of a case in a court of appeal in a collegial manner begins with a report by the presiding judge or one of the judges. The reporting judge sets out the circumstances of the case, the content of the decision of the court of first instance, the arguments of the appeal, presentations and objections received regarding them, the content of new evidence presented to the court, and also reports other data that the court needs to consider to verify the decision of the court of first instance.

3. After the report, the appellate court hears the explanations of the persons participating in the case and their representatives who appeared at the court hearing. The first to speak is the person who filed the appeal, or his representative or the prosecutor, if he has submitted an appeal. If both parties appeal a court decision, the plaintiff will act first. After the explanations of the person who filed the appeal, or the prosecutor, if he brought an appeal, and other persons participating in the case, their representatives, the appellate court, if there are appropriate petitions, reads out the evidence available in the case, after which it proceeds to examine the new evidence accepted by the court.

4. Upon completion of clarification of the circumstances of the case and examination of the evidence, the appellate court provides the persons participating in the case with the opportunity to speak in the judicial debate in the same sequence in which they gave explanations.

5. During each court session of the court of appeal, as well as when performing certain procedural actions outside the court session, a protocol is kept according to the rules provided for by Chapter 21 of this Code. 6. The appellate court does not apply the rules on combining and separating several claims, on changing the subject or basis of the claim, on changing the amount of claims, on filing a counterclaim, on replacing an improper defendant, on involving third parties in the case.

Code of Civil Procedure Article 327.1. Limits of consideration of the case in the court of appeal

1. The appellate court considers the case within the limits of the arguments set out in the appeal, presentation and objections to the complaint, presentation.

The appellate court evaluates the evidence available in the case, as well as additionally presented evidence. Additional evidence is accepted by the court of appeal if the person participating in the case has justified the impossibility of presenting it to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid. The appellate court issues a ruling on the admission of new evidence.

2. If only part of the decision is appealed in the course of appellate proceedings, the appellate court shall check the legality and validity of the decision only in the appealed part.

The appellate court, in the interests of legality, has the right to check the decision of the first instance court in full.

3. Regardless of the arguments contained in the appeal or presentation, the appellate court checks whether the court of first instance violated the rules of procedural law, which, in accordance with part four of Article 330 of this Code, are grounds for canceling the decision of the court of first instance.

4. New claims that were not the subject of consideration in the court of first instance are not accepted and are not considered by the court of appeal.

Filing an appeal consists of sending it by mail or handing it over to the court office in person. or should be filed directly with the court that issued the appealed court decision.

When an appeal is sent to the court of appeal, it will be returned to the court of first instance for compliance established order appeal.

Filing an appeal

When filing an appeal, you cannot indicate claims that have not previously been filed in the court of first instance. If new evidence is attached to the complaint, the text of the complaint must indicate why this evidence could not be presented to the court of first instance. If the appeal, when filed, does not meet the content of the requirements, the court leaves it without movement. The court ruling indicates the shortcomings of the complaint and sets a deadline for correcting them. If you disagree with the arguments of the determination, you can appeal it by filing private complaint to the appellate authority.

If the procedure for filing an appeal is not followed, if the complaint is filed outside deadline If the applicant does not comply with the requirements contained in the ruling to leave the complaint without progress, the court issues a ruling to return the appeal to the applicant. You can also file a private complaint against the court’s decision to return the appeal.

After accepting the appeal, the court of first instance sends copies of the appeal and attached documents to the persons participating in the case. The court invites the persons participating in the case to submit, and sets a deadline for submitting objections. After the expiration of the period for appeal, the civil case with the appeal is sent to the court of appeal. The appeal procedure is enshrined in Articles 323-325 of the Civil Procedure Code of the Russian Federation.

Consideration of the case by the appellate authority

A civil case is considered in the appellate instance based on the arguments set out in the appeal or the prosecutor's presentation. When considering a case, the appellate court has the right to go beyond the arguments of the appeal in cases of violation of the law or in the presence of unconditional grounds for canceling the court decision listed in Article 330 of the Civil Procedure Code of the Russian Federation.

Consideration of the case in the appellate instance is allowed without the participation of the parties and other persons, if they have not notified the court about good reasons their absence and did not provide evidence that these reasons were valid. As a rule, these reasons must be related to the applicant’s personality, for example, being treated in medical institution. The period for consideration of an appeal in the appellate court is 2 months.

When considering a case, the appellate court has the right to:

• leave the court decision unchanged, the appeal, the presentation without satisfaction;
• cancel or change the decision of the court of first instance in whole or in part and make a new decision on the case;
• cancel the decision of the court of first instance in whole or in part and terminate the proceedings in the case or leave the application without consideration in whole or in part;
• leave the appeal, presentation without consideration on the merits, if the complaint, presentation was filed after the expiration of the appeal period and did not issue resolved about the restoration of this period.

The general procedure for considering a case by the appellate court corresponds to the rules in the court of first instance, taking into account the features provided for in Chapter 39 of the Civil Procedure Code of the Russian Federation.

Appealing the appellate ruling

The appeal determination may be . After consideration of the case by the court of appeal, the decision or ruling of the court enters into legal force and becomes binding on all authorities without exception. state power, organs local government, public associations, officials, citizens, organizations and are subject to strict execution throughout the Russian Federation. The appeal ruling comes into force on the day it is issued.

If you disagree with the appeal ruling, it is appealed to the cassation court, within 6 months from the date of entry into force, by filing a cassation appeal. Cassation appeals upon appeal appellate ruling can be submitted in two higher authorities. Last opportunity to appeal court orders in the Russian Federation consists of filing with the Presidium of the Supreme Court of the Russian Federation.

43 comments to “ Appeal procedure”

Civil procedural code, N 138-FZ | Art. 327 Code of Civil Procedure of the Russian Federation

Article 327 of the Code of Civil Procedure of the Russian Federation. The procedure for considering a case by the court of appeal ( current edition)

1. The appellate court shall notify the persons participating in the case of the time and place of consideration of the complaint or appeal.

The appellate court reconsiders the case in a court hearing according to the rules of proceedings in the court of first instance, taking into account the features provided for in this chapter.

Persons participating in the case, their representatives, as well as witnesses, experts, specialists, translators are allowed to participate in the court hearing through the use of video conferencing systems in the manner established by Article 155.1 of this Code.

Cases in appellate courts, with the exception of district courts, are considered collegially.

2. The court hearing of the appellate instance is opened by the presiding judge, who announces what case is being considered, on whose appeal, presentation it is subject to consideration and against the decision of which court this complaint, presentation was filed, finds out which of the persons participating in the case, their representatives appeared, establishes the identity of those who appeared, checks the powers of officials, their representatives and explains to the persons participating in the case their procedural rights and obligations.

The consideration of a case in a court of appeal in a collegial manner begins with a report by the presiding judge or one of the judges. The reporting judge sets out the circumstances of the case, the content of the decision of the court of first instance, the arguments of the appeal, presentations and objections received regarding them, the content of new evidence presented to the court, and also reports other data that the court needs to consider to verify the decision of the court of first instance.

3. After the report, the appellate court hears the explanations of the persons participating in the case and their representatives who appeared at the court hearing. The first to speak is the person who filed the appeal, or his representative or the prosecutor, if he has submitted an appeal. If both parties appeal a court decision, the plaintiff will act first.

After the explanations of the person who filed the appeal, or the prosecutor, if he brought an appeal, and other persons participating in the case, their representatives, the appellate court, if there are appropriate petitions, reads out the evidence available in the case, after which it proceeds to examine the new evidence accepted by the court.

4. Upon completion of clarification of the circumstances of the case and examination of the evidence, the appellate court provides the persons participating in the case with the opportunity to speak in the judicial debate in the same sequence in which they gave explanations.

5. During each court session of the court of appeal, as well as when performing certain procedural actions outside the court session, a protocol is kept according to the rules provided for by Chapter 21 of this Code.

6. The appellate court does not apply the rules on combining and separating several claims, on changing the subject or basis of the claim, on changing the amount of claims, on filing a counterclaim, on replacing an improper defendant, on involving third parties in the case.

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