Gaponov A. Administrative and legal principles of organization and functioning of courts of appeal in the context of reforming the justice system of Ukraine

The model of building an instance of the courts of appeal in Ukraine is typical for countries with a unitary form of government. Unlike foreign countries, it is characterized by a clear structure with statutory jurisdiction. The right to appeal is defined as a constitutional guarantee of judicial protection as due to certain circumstances of the right, opportunity and ability of an individual or legal entity to officially file a complaint to a higher court against a lower court decision guaranteed by the Constitution of Ukraine, fixed in the manner prescribed by law. Analysis of ways of legal regulation the right to appeal review of a court decision as a constitutional guarantee of judicial protection in foreign countries with a unitary form of government shows the progressiveness and modernity of its enshrinement in national legislation of Ukraine. In order to prevent the reduction of its status as a constitutional guarantee, it is currently considered inexpedient to change its status as one of the main principles of justice. It was found that the formation of the institute of the courts of appeal in the lands of modern Ukraine began in the period of Kievan Rus, the formation and development of the institute took into account historical and legal features that led to its current design. The practical significance of the results is that they are of both scientific and theoretical and practical interest: in conducting general theoretical and sectoral research to improve the organization and functioning of courts of appeal in the context of reforming the justice system of Ukraine; to amend the legislation on the legal regulation of the organization and functioning of courts of appeal in Ukraine in the course of the judicial corps of appellate courts and the appointment of judges to administrative positions of appellate courts, improving the implementation of the mechanism of judicial responsibility; in the teaching of disciplines "Administrative Law", "Civil Procedure", "Criminal Procedure", "Judicial and law enforcement agencies of Ukraine" to improve the overall level of legal culture of the population. The dissertation supplement contains the draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Right to a Fair Trial", which substantiates the expediency of amending and clarifying the provisions of the Commercial and Civil Procedural Codes of Ukraine, the Law of Ukraine "On Judiciary and the Status of Judges" and the Procedure of the High Council of Justice. The above-mentioned project was sent to the Verkhovna Rada of Ukraine for use in legislative activities. The scientific novelty of the results is that the work is one of the first in domestic legal science comprehensive research work that contains theoretical and practical results on the regulation of administrative and legal framework of the organization and functioning of appellate courts in the context of further reform of Ukraine's justice system aimed to improve the current legislation taking into account the current realities of development of provisions on the organization and functioning of courts of appeal in Ukraine.