Open AccessTransition to consideration of the case under the rules of another type of legal proceedings in a higher court
Author(s) -
Sergey Sinitsyn,
Maria O. Diakonova
Publication year - 2021
Publication title -
rossijskaâ ûsticiâ
Language(s) - English
Resource type - Journals
ISSN - 0131-6761
DOI - 10.18572/0131-6761-2021-1-61-63
Subject(s) - appeal , adjudication , law , trial court , political science , law of the case , court of record , supreme court , original jurisdiction
The article raises the question of the consequences of detecting errors in the choice of the type of legal procedures not only at the stage of trial in first instance, but also at the stages of verification of court decisions. The authors conclude that at the appeal stages the court should check whether the trial under the rules of an improper type of procedure led or could have led to the illegal and unjustified adjudication. If such circumstances are discovered, the judicial act should be canceled, and in exceptional cases, the case should be returned to the court of first instance. In other cases, the conversion to trial under the rules of other procedure may be carried out at the appeal or cassation.