Civil procedural law. Powers of the cassation court (most important)

Free technical library

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Civil procedural law. Powers of the cassation court (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents (expand)

66. POWERS OF THE COURT OF CASSATION

The court has the right:

1) leave the decision unchanged, and the complaint or protest - without satisfaction. The court exercises this right if it considers that the decision of the court of first instance is legal and justified. A substantively correct decision of the court of first instance cannot be overturned for formal reasons alone;

2) cancel the decision in whole or in part and send the case for a new trial to the court of first instance in a different or in the same composition of judges. The decision is canceled in full if the court found a violation or incorrect application of substantive law and in the part that is contrary to law.

The norms of substantive law are considered violated or incorrectly applied if:

1) the court did not apply the law to be applied;

2) the court has applied a law that is not subject to application;

3) the court misinterpreted the law.

The decision of the court of first instance is subject to cancellation, regardless of the arguments of the cassation appeal, presentation, if:

1) the case was considered by the court in an illegal composition;

2) the case was considered by the court in the absence of any of the persons participating in the case who were not notified of the time and place of the court session;

3) when considering the case, the rules on the language in which the court proceedings are conducted were violated;

4) the court resolved the issue of the rights and obligations of persons not involved in the case;

5) the court decision is not signed by the judge or any of the judges, or the court decision is signed by the wrong judge or other judges, who are indicated in the court decision;

6) the decision of the court was not adopted by the judges who were members of the court that considered the case;

7) there is no record of the court session in the case;

8) when making the decision of the court, the rules on the secrecy of the meeting of judges were violated.

The case is sent for a new trial if, during the examination of the evidence, new circumstances of the case were discovered or provided by the parties that may affect the decision of the court.

3. Cancel the decision in whole or in part and terminate the proceedings or leave the application without consideration.

The decision of the court of first instance is subject to cancellation in cassation proceedings with the termination of the proceedings or leaving the application without consideration on the grounds specified in Art. 220 and 222 of the Code of Civil Procedure of the Russian Federation.

4. To change the decision or issue a new decision without remitting the case for a new trial, if the circumstances relevant to the case are established on the basis of the available, as well as additionally submitted, materials that the parties are familiar with.

The grounds for canceling or changing a court decision in cassation are:

1) incorrect determination of circumstances relevant to the case;

2) failure to prove circumstances established by the court of first instance that are relevant to the case;

3) discrepancy between the conclusions of the court of first instance, set out in the court decision, and the circumstances of the case;

4) violation or incorrect application of the norms of substantive law or norms of procedural law.

Author: Gatin A.M.

<< Back: Procedure for filing and consideration of cassation complaints and protests

>> Forward: Grounds for annulment of judgments

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Constitutional law of the Russian Federation. Crib

▪ Fundamentals of life safety. Crib

▪ Age anatomy and physiology. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

A person can see in the infrared spectrum 08.12.2014

Scientists from the University of Washington have found that under certain conditions, the retina of the human eye can see infrared light.

The researchers noticed that at a high frequency of infrared pulses, retinal cells receive a double portion of light and at this moment the eye can detect light that goes beyond the visible spectrum. The data obtained during the experiments can be used to stimulate individual areas of the retina during its diagnosis.

The scientists used a powerful infrared laser. In experiments with laser pulses of varying lengths that contained the same number of photons, they found that the shorter the pulse, the more likely it was to be seen by the eye. The photon is absorbed by the retina, which then creates a photopigment that converts light into vision, but typically only one photon is absorbed by each of the photopigments.

However, if you pack several photons into one short pulse of a rapidly pulsing laser, there is a certain chance that one photopigment will simultaneously capture two photons and the combined energy of the two light quanta will activate the pigment, and allow the eye to see what is normally invisible. The visible spectrum includes 400-720 nm wavelengths of light, and if a pigment molecule in the retina simultaneously captures a pair of 1000-nm photons, the light particles deliver the same amount of energy as a single 500-nm photon seen in the ordinary spectrum: thus we can see infrared light.

Other interesting news:

▪ acid underground

▪ Microscopic 3D printer from IBM

▪ Canon Industrial CMOS Sensors with Global Shutter

▪ Cats understand people

▪ In Africa, too, they can build a synchrotron

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the website Audiotechnics. Article selection

▪ article The main thing is not victory, but participation. Popular expression

▪ article Which birds are national? Detailed answer

▪ mushroom article. Legends, cultivation, methods of application

▪ article Application of solar modules. Encyclopedia of radio electronics and electrical engineering

▪ article High power triac controller. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews