Gusarov K. Instance retrial of court decisions in the civil legislation.

The dissertation is devoted to research of instance retrial of court decisions in the civil legislation, functions of justice and manifestation of control function during retrial of court decisions. Aspects of harmonization of international and legal standards of administration of justice and system of factors, which influence law compliance and substantiation of court decisions, are defined in the dissertation. At the same time, genesis of the forms of retrial in the civil legislation and development of legislation, which regulates retrial of court decisions from the point of view of functions of judicial power and justice, is revealed. Interaction of different forms of retrial of court decisions is researched on the basis of analysis of scientific research and analysis of court practice, based on peculiarities of national court system and Ukrainian experience of legal regulation. Effectiveness of instance forms of retrial was doctrinally evaluated from the point of view of their influence on provision of unity of court practice. Such features of court decision are evaluated while characterizing instance retrial of court decisions, as its legal power, finality and exclusiveness from positions of its invariability. From positions of novelties, introduced into the civil legislation by the Law of Ukraine "On Judicial System and Status of Judges", the conclusion concerning expediency of broadening of powers of the Supreme Court of Ukraine is made from the point of view of improvement of mechanisms of influence on formation of positive court practice and its unity.