C A C U A TO R S
(The law lost its validity on the basis of the Code)
N 1618-IV ( 1618-15 ) from 18.03.2004, VCE, 2004, N 40-41, 42,
(see para. 492)
About making changes to
Civil Procedure
Code of Ukraine

(Information of the Verkhovna Rada of Ukraine (VR), 2001, N 39, pp. 190)

Verkhovna Rada of Ukraine Oh, I am. :
I. Contribute to the Civil Procedure Code of Ukraine
( 1501-06 , 1502-06 , 1503-06 , 1504-06 , 1505-06 ) Such changes:
1. Article 5 of the Board of Editors:
" Article 5. Civil proceedings in court
The Court shall proceed to review the civil case:
1) for a statement of the person who addresses the protection of his rights
Or protected by law of interest;
2) by the statement of the prosecutor and other persons who are right in cases,
by law, to address the court for the protection of rights and freedoms
another person, an unspecified circle of persons or public or public
interests.
In cases of probation, statements are made outside statements, in
on matters arising from administrative and legal relations, and in
Cases of individual failure-complaints and statements ".
2. Article 15 of the Board of Editors:
" Article 15. 'Court of Justice'
In contour of competition
The circumstances of the civil cases are revealed by the court on the basis of the
Competition.
Parties and other persons involved in the case,
enjoy equal rights regarding the provision of evidence, their research
and proof before the judgment of their conviction.
The court, keeping objectivity and impartiality, creates
the necessary conditions for a comprehensive and complete investigation of the circumstances
cases: dissipates to persons involved in the case, their rights and their
responsibilities, warns of the consequences of committing or discontinuing
procedural action and promotes their rights in cases,
In this case, the Code is predicted.
In the study and evaluation of evidence, setting the circumstances
the case and decision of the court is independent of the conclusions of the organs
the authorities, experts or individuals. "
3. To address the Law of Article 15-1 of this content:
" Article 15 -1. The limits of the trial
The court views civil cases not differently as a statement
(complaint) of persons listed in Article 5 of this Code, within
the stated requirements and on the basis given by the parties and others
the persons involved in the case, the evidence.
Every person who has appealed to the judicial protection
is ordered by their demands on their discretion without violating the
The rights and rights of other persons are protected by the law. Like this
right use and persons (except incapacitated and restricted)
In the interest of the stated requirements ").
4. Article 16 of the Board of Editors is as follows:
" Article 16. Court squad
The trial of civil cases in the courts of first instance is carried out
in the composition of the three judges or the judge of the same person.
Trial of cases in the appeal is carried out by the court of
A part of three judges who are siding with
The law of order.
Cases in case of case not less than
Three judges of the judicial chamber of the Supreme Court of Ukraine or a colleague
Judges of the Judicial Chamber of the Supreme Court of Ukraine in cases,
defined by this Code.
When you view or leave the newly discovered solution
the circumstances of the court act in the same quantitative part in which they were
If not yet provided by this Code ".
5. Article 17 of the Board of Editors:
" Article 17. Procedure for dealing with the Court
All issues that arise when considering the case are resolved
By the votes of the vote, and in the case of one-person trial,
Judge.
In each case, none of the judges are right.
refrain from voting. The starving vote is the last.
A judge not agree with the decision of the majority may written
Let me tell you something. A separate opinion joins the case, but in
The trial session is not announced.
On the right with a separate opinion of the judge laid out during the review
in a local court or in an appeal court in the first
The instance is sent in accordance with the head of the court of appeal or
concerning the end of the lunar line, if
the decision in the case was not challenged or had not been made
A separate submission.
Dealing with a separate opinion of a member of the relevant judicial chamber
in the appeals courts or the Supreme Court of Ukraine reports in
the same lines of the head of the corresponding appellate court or the Chairman
Supreme Court of Ukraine.
On the right with a separate opinion of the head of the appeal court in the same
The Chairman of the Supreme Court of Ukraine is sent. "

6. Article 21 of the Drafting Committee shall:
" Article 21. The prohibition of repeated participation of the judge in consideration of the case
Judge who participated in the decision of the first trial
The instance cannot consider the same case in the courts of appeal and
concerning the instations and also to participate in its new consideration in
first instance after cancellation of the previous decision or inhalation
on the closing of the proceedings in the case.
The judge who participated in the decision of the Court of Appeal
The instance, cannot consider the same case in the court case.
of first instance, and cannot participate in the new examination.
the case after the abolition of the court decision or the decision of the Court of Appeal
The instance.
The judge who participated in the case in the Court of Cassation
The instance, unable to consider the same case in the court of the first or
of the Court of Appeal ".
7. Article 22 of the Drafting Committee shall:
" Article 22. Procedure for resolving the declared reference
In case of application of departure, the court must listen to the person who
the stated departure if she wishes to give an explanation, as well as the opinion
the persons involved in the case.
The question of departure is decided by the court, which is considering the case,
"There was a room in the morning room with a decision."
8. Article 23 of the Drafting Committee shall:
" Article 23. Consequences of the satisfaction of the failure of the
In case of the departure of the judge on the right to the same person,
The case is heard in the same court by another judge.
In the case of a judge ' s departure or the entire court case on the right
are considered in three judges, the case is considered.
The court has three judges who are not part of the case.
If after the pleasure of waste (self-driving) or beyond
Having the basis specified in Article 21 of this Code, it is not possible
to form a new court order to consider the case, the court ruling
adopted by the definition of the subduality of the case in the order set forth
"This Code".
9. In Article 25:
In the name of the word "Comrade and" to exclude;
in part the first word "Comrade and" and " The Application of
The friendly courts and " exclude.
10. Part of the second article 41 shall complement the sentence of such content:
" The witness has the right to refuse to testify in the established
By law ".
11. Article 98 of the text of the session is as follows:
" Article 98. Persons involved in the case
Persons involved in the case are recognized: the parties,
third parties, members of the parties and third persons, the prosecutor, the authorities
public authority and local government in the stipulated area of
Codes of cases, persons who under the law act on the protection of rights and
freedoms of other persons, as well as claimants and other interests
in cases of individual proceedings and cases arising from
"Administrative and Legal Relations".
12. Article 115 shall exclude the words "Comrade or".
13. Chapter 13 to exclude.
14. The name of Chapter 14 is set out in this edition:
" Chapter 14
PARTICIPATION IN THE PROSECUTOR ' S TRIAL,
GOVERNMENT BODIES, LOCAL AUTHORITIES
SELF-GOVERNMENT AND SELF-GOVERNMENT BY LAW
THE RIGHT TO PROTECT THE RIGHTS AND FREEDOMS OF OTHERS "
15. Article 121 of the article was as follows:
" Article 121. Task and form of participation
In cases stipulated by law, the prosecutor, the state authorities
Authorities and Local Government, Physical and Legal Persons
may refer to the court with a statement on the protection of the rights and freedoms of others
People.
Public Prosecutor, State Authority and Local Government
Self-government may be involved in court to participate in the case or
enter into the case for its initiative to provide conclusions with
the purpose of enacting duties. The prosecutor's part,
the specified bodies in the process to provide conclusions in the
mandatory in cases provided by the law, or when the court recognizes
"That's necessary."
16. Article 122 of the article was as follows:
" Article 122. Procedural rights of the prosecutor, public authorities
Authorities, local governments and the
Persons with law to protect
rights and freedoms of other persons
It is listed in Article 121 of this Code and other persons
break the case in court in the interests of others, enjoy
procedural rights and carry out procedural duties of the parties, for
Except for the right to make a peace deal.
Refusal of the specified organs and other persons from the issued statement or
changing the stated requirements does not deprive the person, on protection of rights and
the freedoms of which issued a statement, the right to request the court to review the case
to resolve the requirements in the original volume.
If an individual who is in the interest of the case is in the interest of
support the stated requirements, the court leaves a statement without consideration. "
17. In Article 123:
in the name of the word "interregional" to exclude;
Part of the fourth edition:
" Judging the cases in the first instance subject to the
solved in the order of civil litigation, on particularly regimes
facilities located in the territory of Ukraine
"Supreme Court of Ukraine".
18. In the title and part of the second article 124 words "interregional"
The court " exclude;
19. Paragraph 5 of the second article 136 was deleted.
20. Under article 11 of Article 143, the words "or a friendly"
exclude.
21. Articles 161 to be excluded.
22. In Article 178, the words "or the friendly" exclude.
23. Article 192 is excluded.
24. In Article 194:
Part of the fourth edition:
" The prosecutor, empowered government authorities and organs.
of local self-government, as well as persons granted by law
protect the rights and freedoms of others, act in the court debates
First ";
In part five of the words "State administration bodies"
replace the words "State authorities and the local authorities"
self-government ";
A part of the sixth and to this rule.
25. Chapter 21 of the Board of Editors:
" Chapter 21
FIXING THE TRIAL AND THE PROTOCOLS
Article 198. Commit the trial
The court is set to complete the trial of the trial
Technical means.
About each court meeting, as well as each individual
procedural action taken outside of the permanent meeting place
First instance, a protocol is made.
In the minutes of the trial, all things are displayed.
the points of the case in the sequence in which they had
in the judicial meeting or when committed by a separate process
Action.
The logs are:
1) year, month, number and place of the trial;
(2) timing of the start of the trial or holding a separate
Procedural action;
3) the name of the court which views the case, surname and initials
The judge, the Registrar of the Trial, the Prosecutor
4) to the right, which is considered, full and accurate name of the parties and
Other persons involved in the case;
5) information about the turnout of persons involved in the
representatives, lawyers, experts, specialists, translators
or their failure, the reasons for the absence and consent of their trials
Slow
6) information about the clarification of the parties and other persons who
participate in the case, their procedural rights and duties;
(7) All the orders of the starving and lost, ordered without
exit to the dressing room, as well as the information about the announcement
The collapse of the application in the heart of the room, the data on the application
Technical means of fixing the judicial process;
8) statements and petitions of the parties and other persons involved
in the case, the move of their discussion;
9) the basic content of the explanations of the sides, the third persons, their
representatives and others involved in the case, as well as
showing witnesses, oral clarification of the experts of their findings and
answers to him additional questions; explanation
specialists and the conclusions of the prosecutor or the authorities
public authorities, local governments, involved in the future
-That's it.
10) added to the court evidence meeting, sound and video recordings,
the move study evidence, and in case the evidence is not added to
affairs,-number, date and content of written evidence, as well as signs and
the properties of material evidence, sound and video recordings;
(11) The content of the judicial debate;
(12) the information on the announcement of the decision, have been heard;
13) to dissolve the parties and other persons involved in the
The case, the content of the decision, the order, the order and the line of their appeal,
rights and order of filing statements about the making of the obloading
court conclusions, as well as the right to familiarity with the protocol
A court hearing and notices;
(14) The end of the trial in this case.
Article 199. Order of the assembly and the design of protocols
The protocol is Secretary of the Judicial Session
A separate procedural action outside of the meeting.
The protocols are taught in writing.
The protocol must be posted no later than three
days since the end of the trial, and the protocols on individual
The procedural action is not later the next day after the trial.
In exceptional cases on particularly complex cases
the signing and signing of the protocol may be carried out in a non-stop
Later, ten days after the trial ended.
Article 200. Note to the Trial Protocol
meetings and their consideration
The parties and other individuals involved in the case have
the right to report a court of court and for three years
days after signing the protocol to submit their written remarks
on the protocols of the wrong or incompleteness
Content.
Article 201. Review the Protocol
The thug examines the remarks on the protocol and in the case of consent from
They will have the right to make sense.
In case of disapproval of the naked with the subpoenaed remarks, they
considered in a court meeting by the court that decided, from
message of persons involved in the case, about time and place
Holding a trial. Consider the Court of Justice
Ordinance of a decision which will make the correctness of the remarks or
Rejects them.
In case of a missing line of remarks and no absence
The reason for his resume is leaving them without consideration.
Note that the protocol should not be considered later
five days from the day of their submission.
The notices for the protocol are attached to the case, including
when they were not treated in connection with the discovery of the starving. "
26. To complement the Code of Article 202-1 of this content:
" Article 202-1. Questions asked by the court when the decision is made
When the decision is made, the court decides on:
(1) The presence of circumstances (facts) of which the requirements
and the negation and which evidence they are confirmed;
2) on the presence of other actual data (pass the line of the call.
antiquity, etc.), which have the meaning to resolve the case, and
Evidence for confirmation;
(3) The right-relationship caused by the established facts;
(4) the legal norm that regulates these relations;
5) satisfaction with the lawsuit or refusal in his pleasure;
(6) The distribution of litigation between the parties;
7) the presence of a lift for the immediate execution of the trial
Decision
8) the availability of a provision for the abolition of the provision of
No, I will.
27. Articles 203 are set out in this edition:
" Article 203. Decision Contents
The decision shall be:
1) the time and place of its production;
(2) The name of the court, which is adopted;
3) surname and initials of the judge and secretary of the judiciary
Session;
(4) the parties and other persons involved in the case;
5) the plaintiff ' s requirements, the negation of the respondent, the generalizations
The explanation of the explanations of the other persons involved in the case;
(6) established by the Court of Justice and the relevant legal relations;
7) the existence of violations of rights and freedoms, in protection of which
directed appeals to the court, whether or not to comply with a commitment or other
Reasons to meet the requirements;
(8) name, article, part, paragraph, paragraph, sub-paragraph of the law,
By which case the case, the rules of the procedural law,
Guided;
9) the conclusion of the court to meet the lawsuit or failure in the lawsuit
fully or partly, an indication of the distribution of trial costs, lines and
order of appeal.
For a written statement filed within ten days of the day.
proclaiming the decision, side or other person involved in the
case, court in a ten-day period from the day of the application of the requirement
overbearing the conclusions of the court in a separate procedural document,
in accordance with the requirements of this article. "
28. Part 4 of Article 209 will be excluded.
29. Paragraph 6 of article 227 was deleted.
30. Article 231 of the Committee shall be set out as follows:
" Article 231. The Court of Justice
The court decision, if not challenged, will take effect.
after the end of the line at an appeal appeal or on the appeal
The filing. In case of submission of appeals, the court ' s decision to recruit
the effect of the court of appeal.
After the decision of the parties and the third party
self-demanding, as well as their right successors,
Claims in court the same outside requirements of the same reason, as well as
I have to bet on the other court, the facts are already set.
In cases where the case is examined by a statement of persons,
defined by other parts of the first Article 5 of this Code,
the decision of the court to take effect is mandatory for the person, in
The interests of which the case was started.
If due to the decision of the respondent
take periodic payments, will change the circumstances affecting
to determine the size of payments, their duration or termination, then
each side of the exercise by making a new lawsuit demanding
A change of size, strand of payments or a release from them.
Decisions that are not subject to appeal appeal are recruited.
effective immediately after the proclamation. "
31. Articles 240 to be excluded.
32. In part of the second article 248 the word "concerning" to replace
the word "appellate" and the second sentence is to exclude.
33. Section IV is taught in such an editorial:
" Chapter IV
VIEW OF COURT DECISIONS
Chapter 40
APPELLATE FAILURE
Article 289. Courts of appeal
The courts of appeal are courts defined by the Law.
Ukraine "On the Justice of Ukraine" (PDF). 2022-10 ).
Article 290. Right of appeal
Parties, as well as other individuals and prosecutors involved in the
consider cases, have the right to appeal in an appeal order
The decision of the court of first instance is completely or partly
The court of the first instance of the court is disputed in the appeal
order separately from the court decision in cases stipulated by this
The Code.
Appellate complaint, the appellate prosecutor ' s appeal
the court of the first instance is served and is considered in the same order,
The fact that the appeal is filed against the Court's decision.
Article 291. Well, there's a lot of complaints about what the complaints can be.
representation
Parties or other persons if they participated in consideration
cases are entitled to fifteen days after the announcement
have the trial of the first instance of the Court of Appeal to the Court of Appeal
complaint about the adoption, and the prosecutor involved in the review
Case of appeal, in cases:
(1) If the rulings have been prevented further
The failure of the case;
(2) In cases stipulated by articles 39, 81, 83, 89, 132,
136, 157, 213, 214, 215, 223, 347, 350, 351, 353, 354, 355, 421
That's the Code.
Objections to the whalers who are not subject to appeal may be
include prior to appellate complaints or appellate appeals
Court.
Article 292. Lines of appeal
Appellate complaints, appellate prosecutor ' s appeal
the first instance court may be filed for one month from
the next day after the decision.
If an additional solution is made in the case, indicated in part
the first of this article, the lines on the appeal appeal are calculated
from the following day after his proclamation.
Complaints, appeals to the court of the first instance are filed
for fifteen days from the next day after their adoption.
Complaints, submission, post-ending,
established by this article, remain without consideration if the court is
the statement of the person who submitted them will not find a reason to resume
The line of the fire.
Article 293. Form and content of appellate complaint,
Appeal of the Prosecutor
Appellate complaint, the prosecutor ' s appeal is taught.
a clear machine text.
In the appeal complaint, the prosecutor ' s appeal
is:
(1) the name of the court to which the complaint is filed, an appeal filing
Prosecutor;
2) a person who gives a complaint, a submission, her residence or
Find, postal code, communications number;
3) complete and accurate name of other persons involved in the
case, their residence or finding, the postal code,
Communication number;
4) reference to the decision, the approval, and the limits
Appeal;
(5) congruence of appellate complaints, appellate appeal
Prosecutor: What is the wrong decision (s) of the court,
The circumstances of the case and the law that are refuted; new
the facts or means of proof that matters to the case and
denial of evidence when the first instance trial
unreasonable denied their adoption or when the impossibility of them
The representation is previously given for important reasons; a list of
used by the court of the first instance of evidence subject to
The Court of Appeal;
(6) the request of a person who gives a complaint or a petition to the prosecutor;
(7) The list of written materials added to the complaint,
The prosecutor's appeal.
The appeal complaint is signed by the person who delivers it, or hers
representative; the appeal of the prosecutor-the prosecutor that his
Filed.
Before the appeal, the representative of the representative added
confidence or other document that will make the authority
a representative if there is no such document in the case.
Before the appeal complaint, the prosecutor ' s appeal
add their copies with additional materials in the amount of
instances according to the number of persons involved in the case.
Article 294. Order of appeals
Appeal of the Prosecutor
Appellate complaint, prosecutor ' s appeal are filed.
through the court of the first instance who examined the case.
Before the appeal, the prosecutor's appeal,
to the violation of requirements established by Article 293 of this
The Code, as well as the appellate complaint not paid by the State Customs,
Apply the rules of article 139 of this Code.
Article 295. Send copies of appellate complaints, submission
Persons involved in the case and transfer
Case before the Court of Appeal
The court is not later the next day after receipt of a proper
a decorated appeal or appeal filed by the prosecutor
sends them copies and added materials to the individuals involved in the
case, and sets the lines for which they can
An explanation of the appeal or appeal of the prosecutor.
By ending a line on appeal appeal, the court sends
Appellate complaint or appeal of the prosecutor together with the case
to the court of appeal.
Article 296. Explanation for appellate complaint, submission
Persons involved in the case.
the court of rows submit explanations or objections to the appellate complaint,
submission to the court ruling, yes and to the appeal
Court.
By content and form of explanation or denial on appeal
The complaint, the filing must meet the requirements of Article 293 of this
The Code.
Article 297. Joining the accomplices and third persons to
Complaint
Accomplices and third parties have the right to join.
The appellate complaint filed by the person on the side of
I did
The application of joining the appeal complaint may be filed in
The boundaries of the line of appeal.
The statement of accession to the appellate complaint by the state Customs
Paid for.
Article 298. Additions, changes to the appellate complaint,
The appeal of the prosecutor or the refusal of
From them
The person who filed an appellate complaint or the prosecutor filed
appellate appeal, has the right to complement or change it during
a row on the appeal appeal.
The person who filed an appellate complaint or the prosecutor filed
appellate appeal, has the right throughout the course of the case
To abandon it completely or partly.
The person who filed an appellate complaint or the prosecutor filed
appellate appeal, has the right to withdraw it prior to consideration
cases in the court of appeal, and the opposite side may recognize
Appellate complaint, appellate appeal fully or
Partially.
About the recall of an appellate complaint, an appeal filing
The prosecutor of the first instance when the case is in this
the court, or the judge who prepared the case before the trial in court
The Court of Appeal, orders the return of the complaints,
The filing.
The question of acceptance of the abandonment of appeals,
the appeal of the prosecutor and the closure in connection with this
The appellate proceedings are decided by the appellate court, which
reviewing the case, at the court ' s trial of the rules of the
the specified procedural action defined by this Code. In case
closing of these subpotions of the appeal would be repeated
The appeal of judicial decisions to this person is not permitted.
Recognition of appellate complaints, presenting the opposite side
is taken into account by the appellate court of presence or absence
the facts that have the meaning to resolve the case.
Article 299. Preparation of an appeals case
Cases with appeals, appellate
The prosecutor is filed before an appeal court through the court ' s office, where
they are registered, decorated, and transmitted in order of order
-I'm going to report it.
During the ten-day row by the speaker:
1) discover the question of the composition of persons involved in
The case
2) determine the nature of the controversial legal relationship and the material
The law that regulates them;
3) find out the circumstances (facts) on which the parties are referencing
Other persons and prosecutors involved in the proceedings;
4) find out what circumstances (facts) are recognized and against which
deny the parties, other individuals and prosecutors involved in the
The case
5) determines what additional evidence of the parties and the prosecutor
can circumcise the appellate complaint, appellate appeal
the prosecutor or denial against them and sets the lines for their
Provision;
6) determine the size of the litigation and the lines of their payment;
7) on the clout of the parties decides the question of the challenge to the judge
meeting of witnesses, appointment of expertise, on involvement
in the case of specialists and of the extraction of other proofs;
8) perform other actions related to the application of appeals
-Yes.
After the preparatory action, the judge reports
The Board of Judges, who orders the decision to end them.
Article 300. Appointment to review in court
appellate instation
After the necessary preparatory actions,
The Board of Judges marks the date of consideration of the case in the court meeting
not later than the lunar row from the day of their end. Office of the Court
cannot send messages to the parties and other persons who
take part in the case, about the time and place of the trial.
Article 301. The limits of the proceedings of the court of appeal
When considering the case in the court of appeal, the court checks
legality and overweight decisions of the court of first instance within
The appellate appeals, the prosecutor's appeal.
The Court of Appeal may set new facts,
explore new evidence, as well as evidence that is believed to be
involved in the case, the first instance court was investigated from
A violation of the Code of Order.
The Court of Appeal checks the legality and
The obgrubility of the decision only within the conscripts of the requirements stated in
court of the first instance.
Article 302. Procedure for consideration by the court of appeal
Installations
Cases in the court of appeal are considered for
rules established to review cases in the first
The instance behind the exceptions established in this chapter.
The reporter reports the content of the contested decision
(inhaled) the court of the first instance, the motives of the appellate complaint or
the prosecutor ' s appeal, the limits of rule of law and
the decision-making decision of the court of first instance, as well as for
researched evidence and circumstances (facts) established by the court of first
The instance.
After the report, the judge explained to the person who filed
The appellate complaint, or the prosecutor who filed the appeal. In
the case of appeal against the decision of the court by both parties,
first gives an explanation to the plaintiff.
After establishing the circumstances (facts) and checking evidence of the court
The appellate instance grants the individuals involved in the case, and
prosecutors have the opportunity to address the debate in the same sequence, in
I don't think they gave Court may limit duration of litigation
debate, setting up for all participants in a process of equal space
What is announced at the beginning of the trial.
After the debate, the composition of the court continues
In the morning room.
When considering cases in an appellate order, the court may declare
break or postpone consideration of the case. Deferred case review
Start over.
Article 303. The consequences of the failure in the judicial session,
which are involved in the
Court lays down proceedings in case of failure in court proceedings
persons involved in the case of which there is no information about
She's a liar.
The court may postpone consideration of the case for the petition of the person who
participate in the case when the causes of the failure are reported.
recognized by the courts as respected.
Failure of the parties or other persons involved in the case,
Reported about the time and place of the case, do not obstruct
Look at it.
Article 304. World Agreement
In court of appeal, the parties have the right to sign
The peace agreement according to the general rules on this procedural
action, regardless of who filed the appellate complaint.
Article 305. Jurisdiction of the Court of Appeal
The Court of Appeal has the right to:
1) ruling the adoption of the appeal of the appellate complaint,
The prosecutor's appeal;
(2) order the decision to cancel the decision of the court of first
And to address a new trial before the trial of the first
to the instance, if the procedure for procedural law is established, that
interfere with the court of appeal court to investigate new evidence or
circumstances that were not subject to consideration at the court of the first instance;
3) ruling the repeal of the judgement of the court of the first
and close the proceedings in a broken case, or leave
Without consideration;
4) change or make a new decision on the essence of the basis of the requirements.
When the complaint is considered at the court of the first instance of the trial
The appeal shall have the right to:
(1) To reject the complaint;
2) to cancel the adoption and pass the question to the court of the first
Instance;
3) change or cancel the adoption and resolve the issue in essence.
Article 306. Reasons for the rejection of appellate complaints,
representation
The Court of Appeal rejects the appellate complaint,
the prosecutor ' s appeal if establishes that the court of the first
The instance ruled with the retention of the requirements of the material and
Procedural law.
Cannot be abolished correctly in essence a court decision with one
Just formal reasoning.
Article 307. Reasons for abolishing the decision of the court and the transfer
cases for new proceedings
The court ' s decision is subject to prosecution with the direction of the case on
New consideration if:
(1) The case is considered by the non-plenipotentiary judge;
(2) the decision made or signed by not the judge, which
Considering the case;
3) the case is examined in the absence of anyone from persons who
participate in the case not notified of the time and place of the judiciary
Session;
4) the court decided questions about the rights and duties of persons not
were drawn to the participation in the case.
Article 308. Reason for lifting the decision to close
Failure in the case or leave a statement without
Review
The court ' s decision is subject to a scouting in the appeal
Closing the proceedings or leave the statement without consideration
With the basis stipulated by articles 227, 229 of this Code.
The part of the first of this article does not apply to
In the case of a court of first instance after the decision
the case in which the physical person is a side in the controversial legal relationship,
died after the decision was made, which could not be
Right-to-succession.
Article 309. Reasons for abolishing the decision of the first court
The instance and the adoption of a new solution
Basis for abolishing the decision in the appellate order and
The adoption of a new solution is:
1) uncomplete figuring out the court of circumstances relevant to the
Case
2) the understate of the circumstances to the case that
The court considers it established;
3) the discrepancy of the conclusions of the court of circumstance;
4) violation or improper application of the court of norms
Material rights.
The rules of material law are considered violated or
wrong applied if the law is applied, which is not
spread to data on the legal relationship, or not applicable law, which
I've been applying for it.
Cases of violation or misuse of norms
The procedural law may be basis for the abolition of the decision
the court of first instance only if this violation led
or could have led to the wrong solution to the case.
Article 310. Grounds for rejection of complaints, submission
The Prosecutor's Office of the First Instance
changing or cancelling the court of the first instance
According to the results of the complaint, the prosecutor's submission
The court of the first instance, the court of appeal may:
1) reject the complaint, the prosecutor ' s submission, if the court first
The instance of the law is set with the enforcement of the law;
2) to change the decision of the court of first instance in the case of the right
essentially solve the question, but with the wrong application of the rules of this
The Code;
3) to cancel the adoption and pass the question to the new consideration before
the court of the first instance, if the court violated the order of its resolution;
4) to cancel the decision of the first instance court and order a new
Adoption of the agenda.
the rules of this Code.
Article 311. Decision-making and court order
appellate instation
The decision of the court of appeal is prepared by the
the report and signature of all the warehouses of the court, which
(see case).
Judges do not have the right to disrespect the discussion in essence.
A room in the morning.
Article 312. Court of Appeal Court
On the results of the proceedings of the court of appeal
Decision of the following:
(1) rejection of appellate complaints, appeals
The prosecutor and the abandonment of the court of the first instance;
2) abolition of the decision of the court of first instance with the direction of
Cases for new consideration;
3) abolition of the court decision of the first instance of the closure
Failure to issue or leave a statement without consideration;
4) partial satisfaction of appellate complaint or appeal
Presenting the prosecutor to the court decision of first instance and partial
The decision of the court of first instance;
5) the satisfaction of the complaint or the submission of the prosecutor to the approval of the court
the first instance with its download and the direction of the case to the new
Consideration;
6) rejection of the complaint, the submission of the prosecutor and the abandonment of the complaint
No pleasure.
Article 313. The contents of the court of appeal
In the decision of the Court of Appeal, the Court of Appeal is noted as follows:
1) the time and place of its production;
2) the name of the court, surname and initials of the presiding and judges;
3) the name and initials of the secretary of the trial;
(4) persons involved in the case;
5) the short content of the stated requirements;
6) reference to the decision of the court of first instance;
(7) Generalized arguments of appellate complaint, appellate
The Prosecutor's submission;
8) the motives behind which the court of appeal reached its
the conclusion, and the reference to the law that it was driving;
(9) consequences of appeals, appellate appeal
The prosecutor, who is formed in the resolution part of the Uhwali.
In rejecting of appellate complaint, appellate appeal
The prosecutor in the decision is noted specific circumstances and facts.
deny her argument.
In case of cancellation of the court decision of first instance and direction
cases for new proceedings before the trial of first instance in the adoption
Note that the decision was wrong.
In the decision of the court of appeal
Consider the complaint against the decision of the first instance,
information provided by paragraphs 1-4 of the first of this article, with
The reference to the adoption of the court of first instance.
Article 314. Contents of the Court of Appeal decision
In the decision of the court, the appeal shall be stated as follows:
1) the time and place of its production;
(2) the name of the court, surname and initials of the hungry, judges and
Secretary of the trial;
(3) persons involved in the case;
(4) A summary of the stated requirements;
5) reference to the decision of the court of first instance;
(6) Generalized arguments of appellate complaint, appellate
The Prosecutor's submission;
7) motives for the abolition of the court decision of the first instance and
The need to order a new solution;
(8) the established facts and relevant relations;
9) violations of rights and freedoms, under the protection of which
Appeals to court, whether or not to comply with obligations or other grounds
To meet the requirements;
(10) Title, article, part, paragraph, paragraph, sub-paragraph of the law
(Article 9 of this Code) by which the case is resolved,
The procedural law of the trial;
11) the conclusion of the court to meet the lawsuit or failure in the lawsuit
fully or partly, an indication of the distribution of trial costs, lines and
order of appeal.
For a written statement filed within ten days of the day.
proclaiming the decision, side or other person involved in the
case, court in a ten-day period from the day of the application of the requirement
overbearing the conclusions of the court in a separate procedural document,
in accordance with the requirements of this article.
Article 315. Proclamation and decision-making
appellate instation
Rulings or decisions of the court of appeal
Promulgated according to the requirements of Article 212 of this Code.
Article 316. Order of appeals
The prosecutor's appeal
came to court after the end of the
The Court of Appeal
In the event of an appellate complaint, an appeal filed
The prosecutor's decision to the court of first instance in the prescribed lines,
but if they arrived at the court of appeal after
End of appeal case or when lines are submitted
The appellate complaint, the prosecutor ' s appeal was renewed.
or continued, the court of appeal is considering appellate
the complaint or appeal of the prosecutor by the rules of this chapter.
The court orders the decision or decision according to Article 305
That's the Code.
Article 317. Validity and failure of the court of appeal
Installations
Decisions or evoked by an appeal complaint, an appeal
By the publication of a prosecutor by the court of appeal,
They take effect immediately after their adoption.
With the decision or the court of appeals,
the decision or the court of the first instance loses its validity.
Article 318. Return
After an appeal is completed on the right
goes to the court of the first instance, which has been examined.
Chapter 41
CONCERNING THE PROCEEDINGS
Article 319. The Court of Cassation
The Court of Appeal is the Supreme Court of Ukraine.
Article 320. The right of concern to appeal
Court decisions
Parties and other persons involved in the case, as well as
public prosecutor and persons who did not participate in the case when the court decided
questions about their rights and duties, have the right to challenge the
concerning the decision of the Court and the decisions of the Court of the First
Only in connection with the breach of material or
The procedural law, as well as decisions of the court of appeal
The instance.
The basis of the appeal, concerning the appeal
misapplication of the court of rules of material law or
Violation of the rules of procedural law.
Article 321. Lines on the appeal, concerning the submission
The complaint relating to the prosecutor ' s submission is filed
for three months on the day of the proclamation or decision of the court
an appellate instance or for one year since the day of proclamation
The judgment of the trial of the first instance, if these were the same or
the decision was not challenged in the appeal order.
If a string is missing for the appeal for reasons,
recognized by the Supreme Court, the court for a statement of the person who filed a complaint,
Whether the prosecutor ' s submission can resume this line, but not more than
within one year of the day of the origin of the right to the
Appeal.
About reinstating a line on appeal or return
Complaint concerning the Prosecutor's Office of the First
The instation was worn out.
Article 322. Form and content of a complaint, submission
The complaint about the prosecutor ' s submission is taught
a clear machine text.
In the case of the Prosecutor's Office
is:
1) the name of the court to which the complaint is filed;
2) a person who gives a complaint, a submission, her residence or
Find, postal code, communications number;
(3) The prosecutor who has filed for the submission;
4) reference to the decision, the approval, and the limits
Appeal;
(5) Rationale for dealing with complaints concerning submission
Prosecutor: the name of the law on which the decision was made,
adopted, which is the violation or incorrect application of its application
which suggests that the decision or the decision was made
Because of this violation;
(6) the request of a person who gives a complaint or a petition to the prosecutor;
(7) The list of written materials added to the complaint,
The prosecutor's appeal.
The complaint is signed by the person who delivers it, or hers
representative; concerning the prosecutor ' s submission-the prosecutor that his
Filed.
According to the complaint filed by the representative,
confidence or other document that will make the authority
a representative if there is no such document in the case.
Prior to the complaint, the prosecutor ' s submission is added
their copies of additional materials in the number of instances
according to the number of persons involved in the case.
Article 323. Procedure for filing a complaint concerning the
Representation of the
The complaint about the prosecutor ' s submission is filed through
the court of the first instance in which the case is on the right.
Before the complaint concerning the prosecutor's submission,
to the breach of the requirements established by Article 322 of this
the Code, as well as concerning the complaint not paid by the State Customs,
Apply the rules of article 139 of this Code.
Article 324. Send copies of the copies of a complaint concerning the
The representation of the prosecutor to the individuals involved in the
the case, and the explanation for the complaint,
The Prosecutor's Office
The court is not later the next day after receipt of a proper
Complaints regarding complaint or concerning the representation of the prosecutor
sends them copies and added materials to the individuals involved in the
case, and sets the lines during which they can provide
An explanation for the complaint or the prosecutor's submission.
At the end of the line on the case of appeal, the court sends
concerning the complaint or the application of the prosecutor together with the case
to the court of appeal.
Persons involved in the case are entitled to be installed.
The court has a court of explanation for the complaint, the filing.
Explanation for the complaint concerning the filing of the prosecutor
is served in accordance with the requirements of Article 322 of this Code.
Article 325. Transfer of the case to the Court of Justice
After completing a submission sentence
Report on the complaint concerning the prosecution of the prosecutor
A complaint sent to a complaint concerning the prosecutor's submission
With the information brought to it, the materials and the case to the case of the case.