Nesterenko A. Organizational and legal bases for ensuring the review of court decisions in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U000034

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

27-02-2021

Specialized Academic Board

Д 35.140.02

Lviv University of Business and Law

Essay

2. The dissertation substantiates the theoretical provisions and develops practical recommendations in the field of review of court decisions in Ukraine, namely - to solve scientific and applied problems of appellate review and cassation appeal of a court decision in cases specified by law. According to the results of the dissertation for the first time: it is substantiated that the appellate review of the case is an institution of procedural law, on the basis of which and on the basis of the rule of law violation of substantive and (or) procedural law; proved that the cassation appeal of a court decision is an extraordinary (exceptional), initial stage of review of a court decision that has entered into force, which is a prerequisite for cassation review, which embodies an additional guarantee of its legality and serves the main mission of the court of cassation - unity of judicial practice; an updated approach to defining the boundaries of appellate districts is proposed; theoretically substantiated the need to clarify certain substantive and procedural norms (paragraph four of paragraph 10 of the first part of Article 13 of the Law of Ukraine "On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights", Articles 273, 367, 389 of the CPC of Ukraine.

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