Iliopol I. Appeal procedure in civil proceedings in Ukraine.

This dissertation is the first special comprehensive research of appeal proceedings in civil process of Ukraine under the conditions of the judicial reform and euro integration processes to be found in the domestic science of civil procedural law. The dissertation outlines the methodological foundation of the research and choses basic directions thereof. Key stages of the evolution of the institute of appeal procedure have been distinguished on the basis of the relevant historic analysis. The place of the right to appeal review of cases among other constitutional fundamentals of justice under the condition of Ukraine’s judicial system reform has been specified. Delimitation lines were drawn between and definitions were given to the notions “appeal”, “appeal review of a case”, “appeal challenge” and “appeal proceedings”; further, the notion of the “right to appeal review of cases” was defined. The work propounds to view appeal proceedings as an institute of civil procedural law and a stage of civil process. The institute of appeal proceedings has been considered taking into account the introduction of new principles in the civil proceedings of Ukraine, namely those of legal certainty, finality of the judgment, proportionality and inadmissibility of procedural rights abuse. It has been specified that the right to submission of an appeal depends upon the availability of certain prerequisites of the above mentioned right. The classification of these prerequisites has been propounded depending upon the characteristics of the case: 1) subjective prerequisites connected with the person (substantive legal, procedural interest (legal interest); the absence of a refusalto exercise the right to file an appealdeclared in accordance with the law; 2)objective prerequisites, depending on the subject matter, which is submitted for consideration by the court of appellate instance (judgments of the first instance as an object of appeal);the competence of the court to hear the case; the exclusion of this category from the cases to be considered in appeal proceedings; availability of a decision that has entered into legal force in the case between the same parties on the same subject and grounds. The characteristic features of appeal proceedings have been specified taking into account the amendments to the civil procedural law. The types of appeal have been examined and it was established that the procedure for dealing with cases with full and incomplete appeal has particular differences that were considered through the prism of highlighting the shortcomings and advantages of each type of appeal. The procedural features of consideration of cases by courts of appellate instance in the conditions of the updated civil procedural legislation have been characterized. The peculiarities of institution of the appellate proceedings have been investigated; the general characteristic of the possibility of filing an appeal in electronic form was given. The stages of the appellate proceedings have been singled out and a brief description of the preparation and procedure for consideration of casesby the court of appealhas been provided. The limits of the appeal court’s review as well as the powers of the appellate court have been analyzed through the prism of the latest novelties in the legislation. Scientifically grounded propositions concerning the improvement of civil procedural legislation of Ukraine dealing with appeal proceedings have been formulated.