
Appellate review of the case in the latest format of legislation
Author(s) -
Anesterenko,
; Law
Publication year - 2020
Publication title -
law. human. environment
Language(s) - English
Resource type - Journals
eISSN - 2663-1369
pISSN - 2663-1350
DOI - 10.31548/law2020.04.011
Subject(s) - appeal , law , law of the case , complaint , political science , standard of review , court of record , precedent , legislation , judicial review , common law , jurisdiction , original jurisdiction
The science of the judiciary clearly outlines the problem of appellate review of court decisions. However, the ambiguity of the scientific perception of this issue is due to the fact that the concept of «appellate review» is embedded in quite different interpretations, which differ both in the point of view of scientific research and the results of theoretical developments. The special scientific literature does not distinguish between the concepts of «appellate proceedings» and «appellate review», in fact equating them. The appellate review is a special, independent, control function, which is carried out for the implementation of the appellate court procedural powers to review a court decision that has not entered into force. At the same time, an appellate review (appellate proceedings) is a stage of review of a court decision that has not entered into force by the appellate court for the purpose of uniform and correct application of substantive and procedural law on the basis of an appeal. The appellate review of the case is an institution of procedural law, on the basis of which and on the basis of the rule of law is the review of court decisions that have not entered into force, in order to the fact of violation of substantive and (or) procedural law. Keywords: appellate appeal, appellate review of the case, appellate complaint, provision of law, institute of law, court of appeal