Article 423. Appeal against the decision of the first instance
(1) The decision given in the first instance may be appealed, separately from the judgment, by the parties and other participants in the process in the cases provided for by this Code and other laws, as well as in cases where the decision makes it impossible to continue the process. It shall be examined in the appeal according to the rules established by this Chapter.
(11) The court that issued the decision subject to appeal, after filing the appeal, shall send it, together with a certified copy of the file or through the Integrated File Management Program, to the hierarchically superior competent court. The appeal filed against the decision shall suspend its execution, with the exceptions established by law.
(2) Other decisions issued in the first instance may only be appealed together with the merits of the case.
(3) The documents challenging the court decision that is appealed together with the merits of the case shall be attached to the file, and a protocol decision shall be made to record that it is not being followed until the merits have been examined.
Article 424. Courts competent to examine appeals against decisions
(1) Courts of appeal shall examine appeals filed against decisions issued by courts of first instance.
(2) The Supreme Court of Justice shall examine appeals filed against decisions issued by courts of appeal.
(3) The decisions of the Supreme Court of Justice are not subject to any appeal.
Article 425. Term for filing an appeal against the decision
The term for filing an appeal against the decision is 15 days from the notification of the decision.
Article 426. Filing and examining an appeal against the decision
(1) – repealed.
(2) The appeal shall be filed with the court whose decision is being appealed.
(3) The appeal against the decision shall be examined within 2 months by a panel of 3 judges, based on the certified or electronic copy of the file, on the basis of the appeal and the reference to the appeal, without examining the admissibility and without the participation of the parties.
Article 4261. Return of the appeal against the decision
(1) The appeal court is entitled to return the appeal against the decision if:
a) the appeal was filed outside the legal deadline, and the appellant does not request a retrial or the appeal court refused to retrial;
b) the appeal was filed by a person who is not entitled to file an appeal;
b1) the appeal does not comply with the provisions of art. 437 para. (1) and (2), except for the requirement to attach proof of payment of the state fee;
c) the appeal request is not signed or is signed improperly;
d) the appellant requests the return of the appeal until its examination by the court;
e) the decision cannot be appealed, according to the law.
(2) The appeal against the court decision is returned on the basis of at least one of the grounds provided for in paragraph (1), by a decision that is not subject to any appeal.
(21) By way of derogation from paragraph (2), if the appeal application lacks proof of payment of the stamp duty, the appeal court shall issue a ruling, which shall not be subject to any appeal, not to grant the appeal application and shall grant the appellant a reasonable term to remedy the deficiencies found. If the appellant remedies the deficiencies within the granted term, the appeal shall be deemed to have been filed on the date of the initial submission. If the appellant does not remedy the deficiencies in the appeal application within the granted term, the appeal court shall return it immediately after the expiry of the reasonable term established by the court for remedying the deficiencies.
Article 427. Powers of the court when examining the appeal against the decision
The appeal court, after examining the appeal against the decision, shall be entitled:
a) to dismiss the appeal and uphold the decision;
b) to admit the appeal and to quash the decision in whole or in part, returning for retrial the issue resolved by the quashed decision;
c) to admit the appeal and to quash the decision in whole or in part, resolving the respective issue by decision.
Article 428. Legal force of the decision of the court of appeal on the appeal against the decision
(1) The decision of the court of appeal issued after examining the appeal against the decision remains irrevocable from the moment of issuance. The decision is placed on the court's website on the date of issuance.
(2) A copy of the decision is sent to the parties within 5 days from the date of issuance.