THE CONCEPT OF FULL AND INCOMPLETE APPEAL, THE CONSEQUENCES OF ITS APPLICATION IN ARBITRATION PROCEEDINGS
Relevance. The development of the institute of appellate proceedings in arbitration proceedings is an important area for improving the justice system. The existing uncertainty in understanding the legal mechanisms of full and partial appeal, as well as insufficient normative regulation of these phen...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
LLC «MIAS Expert»
2024-10-01
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| Series: | Legal Bulletin |
| Subjects: | |
| Online Access: | https://en.legalbulletin.ru/data/documents/LB2024no3_2.pdf |
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| Summary: | Relevance. The development of the institute of appellate proceedings in arbitration proceedings is an important area for improving the justice system. The existing uncertainty in understanding the legal mechanisms of full and partial appeal, as well as insufficient normative regulation of these phenomena, necessitate their comprehensive study. Main objective. Analysis of theoretical models of full and partial appeal, their advantages and disadvantages, as well as the development of scientifically based proposals to improve the efficiency of appellate proceedings in arbitration proceedings. Problems under consideration. The article analyzes theoretical models of full and partial appeal, examines their advantages and disadvantages, problems of their legislative regulation. The experience of appellate proceedings abroad, as well as the institute of appellate proceedings in arbitration proceedings in Russia are considered. The need to consolidate the basics of regulation of the mixed appellate model in legislation is substantiated. Methods used. The study used historical and legal, comparative legal, systemic, logical and legal, statistical methods, as well as the method of legal modeling.
Conclusions. In order to resolve disagreements in the understanding of the term «appeal proceedings» among specialists and practicing lawyers, the authors propose to supplement the Civil Procedure Code of the Russian Federation with a definition of this concept. To eliminate the problem of the limited powers of the appellate court, the authors recommend amending the civil procedure legislation by enshrining a norm that gives the appellate court the right to «overturn the decision of the court of first instance and return the case for a new trial». The establishment of clear legislative regulation of the mixed appellate model, in the opinion of the authors, will eliminate uncertainty in the appeal mechanisms and increase the effectiveness of protecting the rights and interests of the parties in the arbitration process. |
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| ISSN: | 2658-5448 |