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引用次数: 0

摘要

到目前为止,在乌克兰民事诉讼法和经济诉讼法科学中,还没有专门研究上诉程序研究所的专门研究。在1917年以前的法律文献中,上诉被认为是当事人认为初审法院的判决完全或部分不正确,要求更高一级法院对案件进行新的审查和作出新的裁决。因此,上诉的目的是审查,即对案件的全部或部分是非曲直进行二次考虑。自2001年6月21日起在乌克兰开展业务的经济过程上诉程序研究所与传统形式的上诉程序有很大不同。一方面,经济程序中的上诉程序仅限于检查下级法院对实体法和程序法规范的遵守情况。另一方面,经济上诉法院的部分权力使立法者有权改变一审法院、上诉法院的判决,或撤销原审法院的判决并作出新的判决,这不是传统上诉制度所特有的,而是审查司法行为的审计程序所固有的,是许多国家立法和国内民事诉讼所特有的。保护法人实体和公民的权利和合法利益的另一项保障是乌克兰最高法院在经济程序中审查乌克兰最高经济法院的司法决定。
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REVIEW OF COURT DECISIONS ON APPEAL AND CASSATION
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.
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