The appellate courts of general jurisdiction and their authority in the context of "procedural reloading" for debate

The large-scale reform in 2019 conducted in the country affected many procedural rules, without ignoring the provisions on appeal proceedings. The creation of independent courts of appeal in the system of courts of general jurisdiction is determined by the existing standards of judicial independence and objectivity. However, the currently available statistical indicators of their activities indicate a small number of cases examined due to their limited competence, as well as the absence of cancellation of decisions of courts of constituent entities of the Russian Federation. When studying the new appellate courts of General jurisdiction and their powers through the prism of the ongoing procedural reform, it was revealed that there is still a need to improve the provisions of article 328 of the Civil procedure code of the Russian Federation, which is the main definition of the powers of the court of appeal. To do this, it is necessary to fix in the article the right to cancel the appealed decision and transfer the case to a new trial in the court of first instance. In addition, given the Institute of returning cases to the court of first instance, enshrined in the norms of the Civil procedural code of the Russian Federation, it is necessary to cancel the powers of the appellate court to leave the appeal without consideration on the merits, if at the expiration of the appeal the issue of restoring this term has not been solved. All this will ensure internal harmony and concretization of the procedural form and, as a result, the fullest exercise of the right to appeal.