The effectiveness of modern civil proceedings and types of appeals

Abstract

Problem setting. In article the last are investigated doctrinal works in the field of appeal manufacture in civil and
arbitration process of Russia. The author believes that the further development of considered institute should be based on
concept uniform model of revision of judicial decisions in court of the second instance within the limits of civil and
arbitration processes.
Article’s main body. Considering the general orientation of the theory and practice on creation of the uniform remedial
legislation regulating an order of consideration and the permission of affairs on civil cases, now there are necessary
preconditions for appeal research as interbranch institute. Such system research of kinds of the appeal allows to reveal
not only the nature and mission of the named institutes, but also distinctions, advantages and lacks of each of kinds of the
appeal for the purpose of the subsequent fastening of the most effective model in new uniform remedial regulations.
Practical experience of the author leads to a conclusion that the incomplete appeal cannot answer to the full both to public
interests, and interests of the persons participating in business, therefore with a view of the fullest correction of errors of
court of the first instance and maintenance of appropriate judicial protection investment of court of the second instance
with wider rights is represented expedient during reconsideration of the case, that is the priority should be given to the
full appeal, however with the right of a direction of business to court of the first instance in exceptional cases.
Conclusions and prospects for the development. Such approach will allow to provide effective check of judicial
certificates, will raise qualitative level of administration of justice, and also will not contradict the maintenance of principles
of legal definiteness and remedial economy. Hardly expediently, in a context of timely realization of a principle of legal
definiteness to deprive court of the second instance of the right to direct business on new consideration to court of the first
instance, giving such right to court of cassation and supervising instances. Such model essentially depreciates results of
judicial activity of court of the first and appeal instances