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Article Withdrawal of Appeal and Leaving it without Consideration: Issues of Relationships
Authors
Vorobel U.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 3 / 2015
Pages 159 - 168
Annotation The article deals with the specific right to appeal withdrawal and the right to refuse to continue the proceedings. The discrepancy in timing of the right to appeal recall and legal effects under the law for such procedural actions is outlined. The need for legislative consolidation of the provisions that decision on the appeal recall due to its withdrawal by the appellant is not subject to cassation appeal is emphasized. The right to refuse to continue the proceedings under paragraph 5 part 1 of Article 207 of the Code of Civil Procedure of Ukraine can be realized by the plaintiff in the trial court as well as by the appellant during the review of judicial decisions not in force. The necessity of appropriate amending legislation on the regulation of courts of appeal, in particular by granting them the right to deliver resolutions on abandonment of appeals without consideration is studied.1
Keywords withdrawal, appellant, appeal, return, leaving without consideration, judgment cancellation, resolution.
References
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