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July 10, 2024Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia0 citationsOpen Access

The powers of the court of appeal in civil cases in modern conditions of competition

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ASAnton Simagin

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Abstract

The article analyzes such an important element of the Russian judicial system as the courts of appeal in civil cases and the powers they exercise. A general assessment of the role played by the courts of appeal is given, and the content of the term «powers of the court of appeal» is revealed. Various doctrinal points of view on the classification of the powers of the court of appeal are considered. The author says that all the powers of the courts of appeal are divided into three major categories, including procedural, control and preventive, and organizational and methodological powers. Another typologization of powers implies their division into initiative and conditional initiative, as well as into general and private powers. Special attention is paid to the issue concerning the powers of the court of appeal in civil cases in modern conditions of transformation of the adversarial principle. It is established that currently the Civil Procedure Code of the Russian Federation establishes a limited list of such powers.

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Anton Simagin (2024) studied this question.

synapsesocial.com/papers/68e60ce9b6db6435875a034ahttps://doi.org/10.36511/2078-5356-2024-2-41-46
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