Maxim Ali has reminded Pravo.ru of the specifics of dealing with appeals against acts of lower instance courts

A court decision may be amended or overturned by an appeal or cassation. Courts` decisions that have not yet entered into force may be lodged against in an appeal courts. Appeal courts has the right to check whether the first instance court has correctly applied the law and established the facts that are relevant to the case s well as assess the evidence in the case and accept additional evidence if it was not submitted earlier for a valid reason. Only acts that have already entered into legal force may be appealed in cassation. Furthermore, the court of cassation only verifies whether the lower instances have correctly applied and interpreted the rules of law. It cannot examine new evidence or establish new facts.

“The higher the court instance, the less time judges have. While in the first instance a judge is often ready to examine the evidence in a case for several sessions and hear new arguments of the parties, in appeal a decision is usually made in one or two sessions and the panel already has an idea of how to resolve the dispute”, Maxim Ali, Partner at Maxima Legal, reminded Pravo.ru legal online publishing.

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