Appeal Against the First Instance Court Determination Brought Independently of the Court Decision in Civil and Administrative Court Proceedings

Abstract

The article provides for the thorough examination of separate theoretical and practical problems of appealing against made by arbitrazh courts and courts of general jurisdiction in fist instance, as well as in cases dealt with in the course of administrative proceedings. The author examines the history of the issue applying criteria differentiating the court's decisions that cannot be appealed independently from the decision that is subject to appeal. Based on the analysis of legislative terminology, it is proposed to supplement Para. 2 of Part 1 of Art. 331 of the Code of Civil Procedure of the Russian Federation by means of providing for the right of appeal against the decisions of the court that not only exclude the possibility, but also against determinations thatimpede the further movement of the case. The article substantiates the necessity of vesting the right of appeal against the decision on refusal to bring to court a third person has not brought any independent claims with the person who filed the relevant motion in the Arbitration Procedural Code of the Russian Federation and the Civil Procedure Code of the Russian Federation. The author proposes to consolidate in the Code of Civil Procedure of the RF and the Code of Administrative Procedure of the RF the rules similar to the rules set forth in the Code of Administrative Procedure of the RF: 1) the issue concerning restoration of the missed appeal lodging period should be considered by the appellate court (rather than by the court that passed the appealed decision); 2) the right to file a cassation appeal against a court decision (determination, ruling) when the appellate court refused to reinstate the missed deadline for filing an appeal.