Article 274. Order of consideration of the case by the court of appellate instance

The court of appellate instance shall consider the case at the court session according to the rules of consideration of the case by the court of first instance having regard to the peculiarities established by this chapter.

The first court session on the complaint of appeal (protest) must be held not later than twenty days from the date of the ruling on the acceptance of the complaint of appeal (protest) to proceedings.

The court of appellate instance shall not apply the rules on integration of cases; on change of the subject matter or the ground of the claim, the amount of the stated claims; on presentation of the counterclaim; on attraction to the case of third persons; and also other rules established by this Code only for consideration of the case at the court of first instance.

The absence of the appellant and other persons involved in the case, who have been duly notified of the time and place of the hearing by the court of appellate instance, shall not preclude the hearing of the case without their participation.

The hearing in the appellate court shall begin with a report by the presiding judge or one of the judges.

The speaker shall state the circumstances of the case, the content of the decision of the court of first instance, the arguments of the appeal (protest) and the written opinion on it.

After the report, the court hears the explanations of the persons involved in the case who came to the court session, who also have the right to make arguments not provided for in the appeal (protest) and to provide additional materials.

The person who initially filed the appeal, or his representative, or, if the case is being heard on protest, the prosecutor shall speak. If the decision is appealed by both parties, the plaintiff is the first to speak.

In the manner prescribed by Article 50 of this Code, the state bodies and other persons involved in the case shall speak after the parties and third parties, unless they have appealed against the decision of the court.

After hearing the explanations of the persons involved in the case, the appellate court enters the deliberation room to make a decision.

Upon completion of the trial, the concluding part of the decision shall be announced and attached to the case file.

The decision will be drawn up and signed in full within five days.