ERRONEOUS OPENING OF APPEAL PROCEEDINGS: PROCEDURAL CONSEQUENCES

Анотація

Purpose. The purpose of the work is to analyze the phenomenon of erroneous procedural action committed by the appellate court, to determine the ways of its correction, to study the analogy of the procedural law regarding procedural errors and their impact on the powers of the court that committed the procedural error, to study the consequences of the procedural error. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. In the course of the research, it was recognized that the erroneous opening of the proceedings by the appellate court is not the only error that is foreseen and regulated by the norms of procedural legislation. Applying the analogy of the law to the settlement of procedural legal relations not directly regulated by the procedural law, the appellate court, which made a mistake in assessing the circumstances of missing the procedural term, renewed the missed procedural term and opened appeal proceedings, is obliged to carry out an appellate review of the case. Originality. In the course of the research, it was established that the erroneous extension of the deadline for appeal proceedings and acceptance of the case for appeal consideration is not a reason for closing such appeal proceedings. In such a case, the rule of the procedural law, which regulates similar legal relations, shall be applied. And this despite the imperative method of legal regulation of procedural legal relations. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the administration of justice both by the court of appeal and by courts of other instances.

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