THEORETICAL ASPECTS OF DETERMINING THE MAIN CATEGORIES OF APPEALS IN CIVIL PROCEEDINGS IN UKRAINE

Abstract

The main purpose of writing the article is to study the basic theoretical concepts of the institution of appellate review of judicial decisions that have not entered into force and the tasks of determining the main categories in the appeal proceedings. Despite the great importance in the judicial system of Ukraine, the courts of appeal are not the bodies of control of the courts of first instance, because judges are protected by law from any influence and pressure on them in connection with the administration of justice. Therefore, the study of the activities and powers of the courts of appeal is carried out through the prism of guaranteeing a fair trial by checking the decisions of the courts of first instance for compliance with the requirements of completeness, comprehensiveness and fairness. The theoretical aspects of appellate proceedings in civil proceedings have been the subject of research by procedural scientists of different periods of time. This is evidenced by the works of A. Borisova, E. Vaskovsky, M. Gurvich, D. Luspenik, M. Stefan, Y. Chervonyi and many other scientists. In addition, attention should be paid to the works of modern Ukrainian lawyers, in which the theoretical issues of the institute of appeal were studied. So, for example, K. Gusarov in 2011 defended his dissertation for the degree of Doctor of Law on the topic: «Instance review of court decisions in civil proceedings». Dissertations for the degree of candidate of legal sciences on the topics: «Appeal in the civil process of Ukraine» (Chernushenko E., 2003); «The procedure for considering cases by the court of appeal in the civil process of Ukraine» (Trach O., 2009); «Appeal of court decisions taken by the courts of first instance» (Tsikhonya D., 2015); «Appeal of the rulings of the court of first instance in the civil proceedings of Ukraine» (Frolova A.V., 2017); «Appeal procedure in civil proceedings in Ukraine» (Iliopol I., 2018) also contain a definition of the main categories of the institution of appeal in the civil process of Ukraine. The study of the positions of these scientists will allow the most complete understanding of the essence of the problem under study. When studying the appeal proceedings in civil proceedings, it is necessary to determine the main conceptual categories and characteristics of this institution. Today, a number of problematic issues arise that arise in connection with the erroneous interpretation of a particular definition in the science of civil procedural law. Several meanings and interpretations are put into the same concept, which leads to an unequal understanding of a particular term. Therefore, in connection with the chosen topic, it is necessary to define the word «appeal» and explore the concepts of the terms «appeal», «appeal proceedings» and «appeal review», which come directly from the word «appeal».