Implementation of the Right of Appeal of Judicial Decisions in Civil Cases

Abstract

The mechanisms for reviewing judgments in civil cases should include additional guarantees to ensure the implementation of the right of appeal, conditioned by the specificity of the court decision, which will serve as the subject of verification. There is a need to establish implementation peculiarities of the right of appeal, as well as the procedures for revising court decisions made in lawsuits against a large group of persons, an indefinite number of persons that are not defined by the current civil procedural law. It has been substantiated the necessity to fix on a legislative level the two-step procedure for implementation of the right of appeal of judicial decisions on such claims. The exercise of the right to appeal depends on the knowledge of the decision on the case by the court of the first instance, as well as the direct involvement of the participant in the process. Particular significance has got the commission of these actions in relation to potential participants of the case. It has been established that the implementation of the right of appeal against the decision on these types of claims will facilitate the creation of options called «Claims for a large group of people», «Claims for an uncertain circle of persons» on the official web site of the judiciary. It was determined that informing the participants of the case, their representatives about the opening of appeal proceedings is important for the possibility of exercising the right to review court decisions in the court of appellate instance, and the use in this regard of procedural opportunities provided by law. It was established that excluding the representative from the participants of the case, the legislator did not regulate properly all procedural aspects of his participation in the process, the exercise of his procedural rights, and performance of duties. There is no clear timetable for the court of appellate instance to determine the issue whether the court decision of the court of first instance concerns the rights, freedoms, interests and / or duties of a person if it was not examined in the trial by the court of first instance and who filed a complaint, as well as the procedural form of its examination. It is necessary to consolidate the possibility to close the appeal proceedings in a case and the possibility to close proceedings against a specific appeal. Preparation of a case for an appeal on a complaint to a court decision on a suit against a significant group of persons should be marked according to its specifics. For this type of claim, it is necessary to change its procedural form in order to hold the preparatory meeting and foresee the necessity of preparing a panel of three judges. The preparatory meeting will expand the procedural capabilities of the participants and their representatives.