Examples of using First-instance in English and their translations into Ukrainian
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Judge first examined one appeal, upholding the first-instance ruling, which then became final.
First-instance courts of Kyiv city still employ 67“Anti-Maidan judges”, i.e. those who made decisions against activists of the Revolution of Dignity.
House arrest from February 2013 until his conviction at first-instance in July 2014.
On 13 December 1995, after the first-instance judgment, the applicant's parents and lawyer received permission to visit him.
The Court also examined a complaint by the applicant of judicial bias as one of the Court of Appeal judges whohad dealt with his case was the husband of the first-instance judge.
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The applicant also alleged that the first-instance court had refused to question witnesses on his behalf and that he had not been allowed to put questions to the witnesses who had been questioned by the court.
The Court observes that the investigation has lasted for more than seven and a half years,and has advanced no further than to the examination of the case by the first-instance court(see paragraphs 28, 34 and 70 above).
In the first place, the CHESNO Movement analysed first-instance judges of Kyiv city, judges of the new Supreme Court, and is gradually filling the profiles base with data about the“servants of Themis” working in the regions.
The applicant alleged, in particular, that the conditions of his detention had been unsatisfactory andthat his detention from 27 June 2005 to the date of his conviction by the first-instance court had been unlawful.
The first-instance court had also found that the 2016 article was simply a description of the preliminary investigation into the 2015 article and that the statements in the second piece had had no separate defamatory meaning.
Due to the correct protection concept of the client's rights in the dispute, an analysis of commercial documentation carried out by our team,and a positive result was received in the first-instance court.
As the applicant hadbeen registered under the simplified system of taxation, the first-instance court had wrongly referred to the VAT Act in support of the conclusion that the applicant's import operations were subject to VAT.
The Court recalls that a person charged with a criminal offence should, as a general principle based on the notion of a fair trial,be entitled to be present at the first-instance hearing.
According to the conclusion of the first-instance court, the complainant calculated the losses on the basis of the actual data which he substantiated by the accounting data and reporting information, that in accordance with the requirements of Article 22 of the CC, was missed profit.
The Appeal Court does not accept the arguments of the respondents concerning erroneous interpretation andapplication of the norms of the substantive law by the first-instance court and concerning the factual incorrectness of that court's conclusions.
The first-instance court, basing its conclusion on previous domestic case-law, had found that the size of the group of liberated prisoners had been too large to allow for Mr Lewit's identification which meant he had no legal standing to bring a claim.
The parties declared under part 5 of Article 268 of the Code of Commercial Courts Procedure that there was a need to verify the lawfulness andgrounds of the first-instance judgment and to hold a fresh hearing of the case in full.
As for courts of appeal,it can be stated than courts refuse to revise decisions of the first-instance courts on appeal, separating the notion“selection” and“usage” of a preventative measure contained in the Code of Criminal Procedure of 2012.
The grounds for reversal or alteration of a previous decision in the cassation procedure mentioned in Article 578/1 are basicallythe same as the grounds for reversal or alteration of the first-instance decision as stated in Article 548/1.
Given that the domestic legislation recognised such a need during a pre-trial investigation anda trial at the first-instance court, the applicant considered it incomprehensible and unjustified that the free legal assistance was not retained for him further on.
But his right to a court became illusory when the Procurator-General and the Supreme Court intervened, applying Article 330 of the Code of Civil Procedure,and effaced the judgment of the first-instance court and its beneficial consequences.
Having re-examined the case and verified the lawfulness and grounds of the first-instance judgment in full, having examined the evidence and having heard the arguments of the parties, the Appeal Court has come to the conclusion that the decision of the Ministry dated 14 April 2004….
Had not complained to the prosecutor about the marriage until approximately one year and five months after it had taken place,and the prosecutor had only applied to the first-instance court seven months later, that is, two years after the marriage.
It is too much to expect from the appellate court to deal with possible ways of improving the first-instance judgement or resolution(ruling) so much in depth- it would be enough just to point out what were the failures in the prosecutorial or first-instance court procedure and to send the case back for a new trial.
The applicant's representative stated that he had been granted only limited access to the applicant's criminal case file and that the applicant, with no legal knowledge and experience,could not defend himself in the proceedings before the first-instance court.
Given that the domestic legislation recognised such a need during a pre-trial investigation anda trial at the first-instance court, the applicant considered it incomprehensible and unjustified that the free legal assistance was not retained for him further on.
Due to a well-formed concept of the client's rights strategy in this dispute and the diligent work of our experts, we successfully protected the client's interests in the Administrative Court of Appeal andmaintained the positive result received in the first-instance court.