Controversial Issues of the Current Procedure for Appealing a Court Decision in Absentia

Abstract

The article deals with the problems of legal regulation of appealing against an absentee decision in a civil procedure, namely the legal consequences of the receipt of the defendant’s appeal to the court, when the defendant missed the deadline for filing an application to cancel the absentee decision and the restoration of this time limit was denied. The authors conclude that if the defendant did not file an application for the annulment of the decision in absentia or he was denied the restoration of the deadline for filing such an application, the court of first instance should proceed from the fact that the appeal was filed against a court decision that is not subject to appeal in the appeal proceedings. The issue of applying the clarification given in the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2015) is considered, the article substantiates that at present these clarifications are not subject to application.