Article 243. Powers of the Cassation Instance Court

Based on the results of reviewing a cassation complaint (protest), the cassation instance court shall have the authority to:

1) leave the decision unchanged;

2) annul the decision in whole or in part and adopt a new decision;

3) amend the decision;

4) annul the decision in whole or in part and terminate the proceedings or leave the application (complaint) wholly or partially without consideration;

5) if the grounds provided for in subparagraph 7 of the fifth part of Article 244 of this Code are present, annul the decision and refer the case materials to another court based on jurisdiction.

If the grounds specified in subparagraphs 2, 3, and 6 of the fifth part of Article 244 of this Code are identified, the cassation instance court shall review the case according to the rules of proceedings in the court of first instance. A ruling shall be issued on the transition to proceedings according to the rules of the first instance, indicating the actions to be performed.

Failure to resolve or incorrect resolution of the issue regarding the allocation of court costs shall not serve as a ground for annulment or amendment of the court decision. In such case, the operative part of the decision shall specify the distribution of court costs in accordance with the procedure provided in Article 115 of this Code.