What remedies are available in the last instance?

Moldova, Republic of

Moldova, Republic of

Answer
Reversal or upholding of the challenged decision
Source

CivilProcedure Code of the Republic of Moldova, as of 2011, in Russian

Source: http://www.carim-east.eu/media/legal%20module/natfr/MD_6.2%20Asylum_RU.pdf

 

Article 417. After having reviewed thecassation appeal, cassation instance has the right to:

a) to dismiss the appeal and uphold thedecision of the first instance

b) satisfy the appeal and change thedecision taken by the first instance

c) satisfy the appeal, cancel the decisionof the first instance and make a new decision, without returning the case for anew hearing if there is no need for additional check of the proofs submitted tothe cassation instance if the circumstances of the cases have been identifiedin the first instance, but the norms of law have been wrongly applied to it.

d) Satisfy the appeal. Cancel in full or inpart the decision made in the first instance and return the case for anadditional adjudication to the first instance if the judicial mistake cannot becorrected in the cassation instance

e) satisfy the appeal, cancel the decisionof the first instance and take jurisdiction if it is established thatadjudication of the case in the first or cassation instance is within itsjurisdiction

f) satisfy the appeal, cancel in full or in partthe decision taken in the first instance and stop the adjudication of the caseor leave the appeal without consideration if there are reasons provided inarticle 265 and 267
Comment

The court may also return the case to the lower instance (see also sources for more remedies). 

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