Lesko A. Legal Principles of Determining the Powers of Cassation Court in Civil Proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102261

Applicant for

Specialization

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

24-09-2020

Specialized Academic Board

Д 64.700.02

Kharkiv National University of Internal Affairs

Essay

The author of the paper has proved that legislative regulation of procedures for cassation appeal of court decisions always depends on the judicial system of the state. The procedure for appealing court decisions within civil proceedings has been modified at various stages of the development of society, naturally trying to meet the dynamics of amendments in substantive law, the need to ensure the rights of individuals to a fair trial. The use of the phrase of “minor disputes”, “minor cases” in the Constitution of Ukraine and the Civil Procedural Code of Ukraine should not be considered as a restriction of access to justice. At the same time, they can be considered as a language structure that requires improvement and introduction of another generally accepted legal term, which can define the category of cases that are not significant and are not subject to cassation appeal.

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