Summary. Recourse against court dispositions of the Courts of Appeal.
Recourse proceedings.
Ways of challenging judicial decisions.
Civil Procedure Code of the Republic of Moldova
Excerpt from the Civil Procedure Code - Recourse against court dispositions of the Courts of Appeal.
Dispositional acts that can be Recoursed (Article 429)
(1) The Conclusion (non-final decision) pronounced by the Courts of Appeal in their capacity as appeal courts, as well as the decisions pronounced by the Courts of Appeal, can be recoursed.
Persons entitled to file an Recourse (Article 430)
a) the parties and other participants in the proceedings;
b) persons who were not involved in the proceedings but whose rights were violated by the court's decision.
Judicial authority (Courts) competent to review Recourse Application (Article 431)
(1) The consideration of recourse application against decisions of appellate courts falls within the competence of the Supreme Court of Justice.
(2) The decision on the admissibility of a recourse application is made by a panel of three judges.
(3) An admissible recourse application is reviewed by a panel of three, five, or nine judges of the Supreme Court of Justice.
Grounds for a Recourse Application (Article 432)
(1) A recourse application shall be admissible if:
a) the interpretation of the law in the contested decision is contrary to the uniformity of the judicial practice of the Supreme Court of Justice;
b) the admissibility of the recourse Application changes or generalizes the judicial practice of the Supreme Court of Justice;
c) an Recource Application filed after the prescribed deadline was admitted without justification, or a timely filed appeal was rejected as an Application filed after the prescribed deadline was missed;
d) the Conclusion (non-final decision) or Decision concerns the rights of a person who was not involved in the proceedings;
e) the Conclusion (non-final decision) or Decision is arbitrary or is clearly based on a knowingly unreasonable assessment of evidence;
f) the composition of the court was formed in violation of the law or the decision was rendered in violation of jurisdiction.
(2) The grounds provided for in paragraphs d)–f) of part (1) may be cited in a recource application only if they have already been cited in the appeal or if the violation occurred in the appellate court.
Grounds for the inadmissibility of the Recourse (Article 433) - Main reasons
(1) The recourse application is considered inadmissible if:
a) the recourse does not fall within the grounds provided for in art. 432 para. (1);
b) the application is filed with the omission of the declaration term provided for in art. 434;
c) the person who submitted the application is not entitled to declare it;
d) the application is submitted repeatedly after it has been examined;
e) the legal issue invoked in the recourse is not of fundamental importance for the development of jurisprudence;
f) the recourse applicationl is clearly unfounded.
Submission deadline (Article 434)
(1) A recourse application shall be filed within two months from the date of notification of the decision or ruling as a whole, unless otherwise provided by law.
(2) After the expiration of the two-month period, a recourse application may not be filed and the missed deadline may not be reinstated.
Filing a Recourse Application (Article 436)
(1) A recourse application shall be filed by the persons specified in Article 430, subject to the conditions provided for in Article 437.
(2) The recurent (appellant) shall file a recourse application with the Supreme Court of Justice with copies corresponding to the number of participants in the proceedings and with the payment of state duty and/or stamp duty in cases provided for by law.
(3) The recourse application with all the attached documents can be submitted in electronic format through the integrated file management program, with advanced qualified electronic signature.
Content of the Recourse Application (Article 437)
(1) The recourse application must include:
a) the name of the court to which the recourse is filed;
b) the name, designation, procedural capacity of the recurent (appellant) or the person whose interests they represent, their address;
c) name or designation, address of the respondent;
e) the name of the court that issued the decision on appeal, the date of the pronouncement and the disposition of the decision, the arguments for admitting or rejecting the appeal;
f) the basis provided for in art. 432 and the arguments regarding the merits of the recourse;
g) the date of the declaration of recourse and the recurent's (appellant's) signature.
(2) A document confirming payment of the state fee must be attached to the recourse application (statement).
Preliminary Procedural Actions (Article 439)
Upon receipt of a recourse application, the Judicial authority:
a) appoints a reporting judge, who will prepare the case for trial and set a date for considering the admissibility of the recourse appliaction;
b) verifies the recourse application compliance with the requirements of Article 437;
c) sends the recourse application, deemed admissible, and the questions they must answer to the parties, with a request that they submit a response within one month;
d) request the case from the relevant Judicial authority (Court).
Procedure for Considering the Admissibility of a Recourse Application (Article 440)
(1) If one of the grounds stipulated in Article 433 is established, a panel of three judges, by a final Conclusion issued in the absence of the parties, shall declare the recourse application inadmissible.
(2) A ruling on the inadmissibility of the cassation appeal, with a brief statement of the circumstances of the case and the reasons and grounds for inadmissibility, shall be posted on the official website of the Supreme Court of Justice and sent to the parties.
(3) If the recourse application is deemed admissible, the panel of judges shall consider the recourse application on the merits.
Limits of Review of Recourse Application (Article 442)
(1) When considering a recourse application against a Conclusion (non-final decision) issued in an appellate proceeding, the court, within the scope of the recourse application, shall verify the legality of the contested decision, taking into account the grounds provided for in Article 432.
(2) No new evidence may be presented in a recourse application, with the exception of evidence confirming the legal costs and compensation specified in Part (3) of Article 372.
Procedure for Considering a Recourse Application (Article 444)
A recourse application deemed admissible shall be considered without notifying or hearing the parties to the proceedings, with the exception of an appeal in which subparagraph e) of Part (1) of Article 432 has been reasonably applied.
Powers and Dispositional acts of the Judicial authority (Article 445)
1) The Judicial authority, after judging the appeal, has the right:
a) to reject the recourse application and uphold the decision of the Court of Appeal and, where appropriate, the decision of the first instance, as well as the resolutions recoursed against;
b) to admit the recourse application and fully or partially quash the decision of the Court of Appeal and the decision of the first instance, pronouncing a new decision;
c) to admit the recourse application, fully quash the decision of the Court of Appeal and send the case for retrial to the Court of Appeal only once if the judicial error cannot be corrected by the Court of Appeal;
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