Article 302. Grounds for change or cancellation of a judgment of a court of first instance

The grounds for changing or revoking the decision of the court of first instance, the decision of the court of appellate instance shall be:

1) incomplete identification of circumstances relevant to the case;

2) failure to prove the facts that are relevant to the case, which the court considers to have been established;

3) inconsistency of the conclusions stated in the decision with the circumstances of the case;

4) violation or misapplication of substantive and (or) procedural law.

Violation or misapplication of substantive law includes:

1) non-application of the legislation to be applied;

2) application of the legislation which cannot be applied;

3) misinterpretation of the legislation.

Violation or misapplication of the rules of procedural law, if this has led or may lead to the adoption of a wrongful decision, shall be grounds for modifying or revoking the decision of the court of first instance, the decision of the court of appellate instance.

The grounds for annulment of the decision of the court of first instance, the decision of the court of appellate instance in any case are:

1) the court considered the case in an illegal manner;

2) consideration of the case in the absence of a person involved in any case who was not duly notified of the time and place of the court session;

3) violation of the rules on the language of the proceedings in the course of the proceedings;

4) the court has made a decision on the rights and obligations of persons not involved in the case;

5) the decision, the decision has not been signed by a judge or, if the case was considered by a panel of judges, by one of the judges or by other judges than indicated in the decision, 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 recording of the court session has been made, electronic or other sources of audio and video recording have not been attached ;

7) failure of the court to make a decision on the request;

8) violation of the rule on confidentiality of judicial advice.

9) consideration of the case in violation of the rules of jurisdiction.