The problem of understanding the concept of bases of appeal proceedings in civil proceedings

Relevance of the chosen topic is explained by the fact that at present a large number of changes to the civil procedure law are introduced related to the consolidation of the Supreme Court of the Russian Federation and the Supreme Arbitration Court. Changes are made not only on the current judicial system, but also in relation to the proceedings. Based on Concepts about the establishment of a Unified Civil Procedure Code of the Russian Federation, there is an urgent need to preserve the existing normative regulation of the cassation instance in civil procedure and its correspondence to the original concept of establishing cassation. On the basis of the historical analysis of the basic ideas and origins of the cassation instance in civil proceedings in our country and in the world, the conclusions are the following: 1. The main drawback of the norms enshrined in the RSFSR Civil Procedure Code of 1964 governing appeal proceedings was the provision of additional evidence by the parties at this stage of the process. This additional evidence was considered in the establishment of certain circumstances in the case and in the making of appropriate decisions, when, in the vast majority of cases, the court sent the case back for revision to a court of the first instance. This greatly delayed the process. Despite this fact, the court of cassation was the guarantor of a valid exercise of the right of citizens to a fair trial, because the main objective was to establish the truth in the court. 2. Despite the positive trends in the civil procedure legislation of the Russian Federation for the period from 1995 to 2012 concerning the extension of the principle of optionality, order and evidence examination process in the context of appeal proceedings, the reform of a case hearing in a court of the cassation instance did not reach its objectives. The main cause of failures is, in the author's view, is the merger of cassation and appeal into a single appeal procedure. Courts of cassation, higher instances for a long time, simply became a transmission level between the proceedings in a court of the first instance and a court considering the case in supervisory proceedings. 3. On 1 January 2012, the Federal law of December 9, 2010 No. 353-FZ "On amendments to the Civil Procedure Code of the Russian Federation" came into force. As a result, cassation in civil proceedings is made according to the rules of the previously valid supervisory proceedings. Introducing bans, Russian legislators turned cassation into "an impenetrable wall" to ensure the rights and freedoms of citizens, since all actions belong exclusively to the judge. In the author's opinion, to solve this problem, rules of relevance, admissibility, evidence examination procedure as fixed from 1995 to 2012 in the Russian procedural legislation must be returned to the Civil Procedure Code.

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