{"title":"论俄罗斯民事诉讼中司法行为之争的程序问题","authors":"Sergey V. Myshyakov","doi":"10.18572/1812-383x-2022-1-28-32","DOIUrl":null,"url":null,"abstract":"The right to appeal judicial acts to a higher court is an expression of the right to judicial protection, to equal access to justice and to a fair trial of a civil conflict. The appeal of a court decision that has not entered into force and has entered into legal force reduces the likelihood of an erroneous resolution of the dispute and the issuance of an unlawful court decision. The system of challenging judicial acts in the civil process is aimed at an effective and fair trial of cases. Under fair trial, this article considers the application by a judge of the norms of substantive and procedural law according to their literal, comparative and doctrinal interpretation and in accordance with judicial practice expressed in judicial acts of the Supreme Court of the Russian Federation. This article discusses the procedural aspects of the appeal and cassation appeal of court decisions.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"88 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Procedural Aspects of Contestation of Judicial Acts in the Russian Civil Procedure\",\"authors\":\"Sergey V. Myshyakov\",\"doi\":\"10.18572/1812-383x-2022-1-28-32\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The right to appeal judicial acts to a higher court is an expression of the right to judicial protection, to equal access to justice and to a fair trial of a civil conflict. The appeal of a court decision that has not entered into force and has entered into legal force reduces the likelihood of an erroneous resolution of the dispute and the issuance of an unlawful court decision. The system of challenging judicial acts in the civil process is aimed at an effective and fair trial of cases. Under fair trial, this article considers the application by a judge of the norms of substantive and procedural law according to their literal, comparative and doctrinal interpretation and in accordance with judicial practice expressed in judicial acts of the Supreme Court of the Russian Federation. This article discusses the procedural aspects of the appeal and cassation appeal of court decisions.\",\"PeriodicalId\":254727,\"journal\":{\"name\":\"Arbitrazh-Civil Procedure\",\"volume\":\"88 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-01-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arbitrazh-Civil Procedure\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18572/1812-383x-2022-1-28-32\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arbitrazh-Civil Procedure","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18572/1812-383x-2022-1-28-32","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Procedural Aspects of Contestation of Judicial Acts in the Russian Civil Procedure
The right to appeal judicial acts to a higher court is an expression of the right to judicial protection, to equal access to justice and to a fair trial of a civil conflict. The appeal of a court decision that has not entered into force and has entered into legal force reduces the likelihood of an erroneous resolution of the dispute and the issuance of an unlawful court decision. The system of challenging judicial acts in the civil process is aimed at an effective and fair trial of cases. Under fair trial, this article considers the application by a judge of the norms of substantive and procedural law according to their literal, comparative and doctrinal interpretation and in accordance with judicial practice expressed in judicial acts of the Supreme Court of the Russian Federation. This article discusses the procedural aspects of the appeal and cassation appeal of court decisions.