The right of the court of appeal to reverse the final judgment under appeal and to refer the case back to the court of first instance in civil and criminal proceedings

Abstract

The main aim of this article is to provide a detailed analysis of the concept of the right of the court of appeal to reverse the final judgment under appeal and to refer the case back to the court of first instance, and the grounds for exercising this right, as well as to determine the impact of this right on the behaviour of the participants in the proceedings, taking into account the doctrine of law, the jurisprudence of the courts of the Republic of Lithuania and the normative legal acts. Given that the aforementioned right of the court of appeal is closely related to the implementation of the principles of civil and criminal proceedings, the attitude of the subjects of the proceedings towards the judicial system and ensuring its efficiency, it is important to identify the limits of the application of this right and to assess the possible future developments.