Tsykhonya D. Appeals against judgments, passed by the courts of first instance.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004766

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

24-09-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is a special complex research of theoretical and practical issues of judicial appeals of decisions, made by the courts of first instance. Taking into consideration the analysis of norms of national and international legislation, basic doctrinal approaches and law enforcement practice, the legal nature of appealing the court decisions, made by the courts of first instance, judicial review of court decisions of courts of first instance as the result of such appealing and the legal consequences of judicial review of court decisions, made by courts of first instance, are defined. The definition and content of the right to appeal against judgments, passed by the courts of first instance, is identified. The place and role of judicial review of decisions, made by courts of first instance, is determined. The modern state and prospects of legal regulation of appealing court decisions by courts of appellate and cassation instances are researched. The ways of solving problematic questions regarding the composition of subjects of the right to appeal against decisions, made by courts of first instance, objects of such appealing and procedural order of its implementation are proposed. The peculiarities of procedural order of judicial review of decisions, made by courts of first instance, its terms and legal consequences of such a review are defined and characterized. Suggestions for improvement of norms of civil procedural legislation on questions of appeals against court decisions, made by courts of first instance, are substantiated.

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