Court of appeal powers

The author of the article studies a question of pressing issue concerning the powers of the Court of Appeal in civil processes in light of the latest changes in civil procedural legislation, which became effective in 01.01.2012, and resolutions of the Constitutional Court of the Russian Federation, which were accepted earlier. Special attention is paid to the power of the appellate court to direct lawsuits to new trials in case of judgment cancellation. As an example of independent cancellation of a judicial act, the author singles out cases marked by the wrong application of conventional principles and norms of the international law and international treaties of the Russian Federation. The occurrence of problems in the civil procedural legislation is caused by the presence of legislation gaps, which are corrected by the Supreme Court of the Russian Federation. The question of procedural registration of the Court of Appeal acts aimed at cancellation of the first instance judgment due to essential procedural violations is studied by means of comparative analysis of the standards of the civil procedural legislation, the arbitration procedural legislation, and their official interpretation. The article also includes in-depth analysis of some scientist-processualists’ positions on controversial procedural questions involving the question in focus.