Postępowanie apelacyjne w procesie rosyjskim po nowelizacji z 2013 r.

Abstract

After the reform of the Russian process of 2013, appeal, due to the wide range of decisions which are subject to it, may be referred to as a mean of appeal combining features of the Polish appeal and complaint. In the Russian doctrine, among the merits of the appeal, mention is made of wide evidence proceedings before the appellate court, which directly “meets” the evidence being carried out at this stage of proceedings. However, it can also be heard that, in practice, the courts of appeal too often deviate from the principle of “directness” and base primarily on evidence carried out by the court of first instance. In addition, appeal judges do not usually consider new witnesses or new evidence using their discretion and evidence preclusion. Encompassing all invalid decisions by one mean of appellation resulted, on the one hand, in a large variation of the appellate courts’ decisions; on the other hand, the amendment shaped a three-step system of appeal in Russia, with a fourth exceptional instance – a review proceeding conducted by the Presidium of the Supreme Court.