Frolova O. Аppeal court of first instance in civil proceedings Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U002300

Applicant for

Specialization

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

25-05-2017

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The thesis presents a comprehensive scientific study of theoretical and practical bases of appeal rulings in civil proceedings Ukraine. It is found legal nature of decisions, acts as a kind of court, and their place in the acts of the court, allowing determining the optimal set of requirements to be met by the court as a kind of court act. Revealed features of court orders that allow them to carry out classification and determine the characteristics of their appeal due to the discovery of defects, which can constitute grounds of appeal decisions considering installed specifics of different ways to appeal decisions In the thesis, the peculiarities of historical development as a way of appeal proceedings ensure the legality and validity of the decision. Terms of reference appellate court to verify the legality and validity of court orders that allowed us to establish bases cancellation and change orders, reveal problematic aspects appeal court orders. Theoretical conclusions and proposals improvement of the civil procedural legislation of Ukraine, and developed evidence-based proposals for remedial law enforcement.

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