Article 279. Grounds for change or cancellation of the judgment of the court of first instance

The grounds to change or cancel the judgment of the court of first instance are:

1) incomplete clarification of the circumstances important for the case;

2) failure to prove the circumstances important for the case which the court has considered to be established;

3) lack of conformity of conclusions stated in the judgment to the circumstances of the case;

4) violation or wrong application of the norms of the substantive and (or) procedural law.

Violations or wrong application of the norms of the substantive law are:

1) failure to apply an act of the legislation subject to application;

2) application of an act of the legislation not subject to application;

3) incorrect interpretation of an act of the legislation.

Violation or wrong application of the norms of the procedural law constitutes the grounds for change or cancellation of the judgment of the court of first instance if it has resulted or could have resulted in adoption of a wrong judgment.

The grounds for cancellation of the judgment of the court of first instance due to violation or wrong application of norms of the procedural law shall be in any case:

1) consideration of the case by the court in illegal composition;

2) consideration of the case in the absence of someone from the persons participating in the case and not being properly informed on the time and place of holding the court session;

3) violation of the rules on the language of court proceedings during the consideration of the case;

4) adoption by the court of a judgment on the rights and duties of the persons who have not been attracted for participation in the case;

5) the decision has not been signed by the judge or signed by a judge other than specified in the decision;

6) there is no record of the court session in the case, it has not been signed or signed by other persons than indicated in the second part of Article 202 of this Code, or if audio or video recordings were made at the court session, electronic or other carriers of audio and video recordings are not attached;

7) the court has not adopted a judgment on the stated demand;

8) violation of the secrecy of judges' conference.