Article 244. Grounds for Amending or Annulment of the Decision of the Court of First Instance

The following shall serve as grounds for amending or annulling the decision of the court of first instance:

1) failure to fully establish facts significant to the case;

2) lack of proof of facts considered by the court as established and significant to the case;

3) conclusions stated in the decision do not correspond to the facts of the case;

4) violation or incorrect application of substantive and/or procedural legal norms.

Violation or incorrect application of substantive legal norms includes:

1) failure to apply a law or another legal act that should have been applied;

2) application of a law or legal act that should not have been applied;

3) misinterpretation of a law or legal act.

Violation or incorrect application of procedural legal norms shall be grounds for amending or annulling the decision of the court of first instance if such violations resulted or could have resulted in an incorrect decision.

A court decision may be annulled in the following cases:

1) if the rules on the language of proceedings were violated during the hearing;

2) if the court session record was not signed or was signed by persons other than those indicated in part two of Article 176 of this Code, or if the audio or video recording (if conducted) was not attached to the session record;

3) if the confidentiality of judgesʼ deliberations was breached.

In any case, the following shall constitute grounds for annulment of the decision of the court of first instance:

1) if the case was reviewed by a court formed in violation of the law;

2) if the case was considered in the absence of a party who was not duly informed of the time and place of the court session;

3) if a decision was rendered on the rights and obligations of persons who were not involved in the case;

4) if the decision was not signed by the judge or, in the case of a panel, not signed by one of the judges, or was signed by judges other than those listed in the decision;

5) if the record of the court session is missing;

6) if the court failed to adopt a decision on the claim submitted;

7) if the case was heard in violation of jurisdiction rules.