REVIEW OF COURT DECISIONS ON APPEAL AND CASSATION

Abstract

INTRODUCTION Until now, in the science of both civil procedural and economic procedural law of Ukraine there is no special study entirely devoted to the Institute of appellate proceedings. In the legal literature before 1917, an appeal was considered as a request by a party who considers a decision of the court of first instance completely or partially incorrect, for a new examination and a new decision of the case by the court of higher instance. So, the purpose of the appeal is the review, that is, the secondary consideration of the case on the merits as a whole or in part. The Institute of cassation proceedings in the economic process, which has been operating in Ukraine since June 21, 2001, differs significantly from traditional forms of cassation proceedings. On the one hand, cassation proceedings in the economic process are limited to checking compliance with the norms of substantive and procedural law by lower courts. On the other hand, the part powers of the economic court of cassation instance the lawmakers the right to change the decision of the court of first instance, appellate court, or to revoke them and make new decisions that are not characteristic for classic appeal system, but is inherent in the audit procedure of reviewing judicial acts, distinctive for legislative of number of foreign countries and domestic civil procedure. Another guarantee of protection of the rights and legitimate interests of legal entities and citizens is the review of judicial decisions of the Supreme economic court of Ukraine by the Supreme Court of Ukraine in the economic process.