Article 399. Powers of the Appellate Instance Court

Upon reviewing a case under appellate procedure, the appellate instance court shall, by its ruling, be entitled to:

1) uphold the judgment, ruling, or order without changes;

2) annul the judgment, ruling, or order in full or in part and render a new judgment, ruling, or order;

3) amend the judgment, ruling, or order in full or in part;

4) annul the judgment in full or in part and, based on the grounds specified in this Code, leave the application without consideration or terminate the proceedings in full or in part;

5) if the case was considered in violation of the rules on jurisdiction, annul the judgment and forward the case materials to the competent court in accordance with jurisdiction.

If the grounds specified in subparagraph 4 of the first part of Article 3722 and subparagraphs 2 and 4 of the second part of Article 3724 of this Code are established, the appellate instance court shall consider the case under the rules of first instance proceedings. A ruling shall be issued on transition to consideration under first instance rules, indicating the procedural actions to be taken.