Глава 16. Теоретичні та практичні аспекти апеляційного перегляду судових рішень у цивільному судочинстві україни та необхідність вдосконалення законодавства, що його регламентує

The main guarantee of the right to judicial protection was and remains the possibility of reviewing a court decision. Appellate proceedings are an important guarantee of achieving the goals and tasks of civil justice, ensuring its legality. In our opinion, appellate proceedings are the most flexible, most operative form of appeal and review of court decisions, which is capable of effectively controlling the everyday practice of courts of first instance. Only within the limits of appeal proceedings can it be possible to detect, correct and prevent all possible violations of legal norms in the activity of lower level courts and their results. It is proposed to legislate in the Civil Procedure Code of Ukraine the following definition of the concept of appellate proceeding – this is the activity of an appellate court regulated by civil procedural law regarding a filed appeal against a decision of a court of first instance, which has not gained legal force, which is due to the illegality and (or) unreasonableness of the court decision, regarding the preparation for the appellate review and its adoption of a decision on the justice or injustice of the contested decision or resolution with the possibility of a new decision.
It has been proven that the implementation of the right to appeal court decisions, their review by higher courts guarantees the legality of these decisions, is a means of ensuring and protecting the rights and legitimate interests of the participants in the court proceedings and other persons whose interests it concerns. Ensuring the right to an appeal and review of a court decision by an appellate court should be considered as an inalienable right of a person to judicial protection.
It was determined that the appellate review consists of two parts: 1) preparation of the case for consideration, which aims to ensure a correct and quick resolution of the case; 2) consideration of the case by the appellate court, during which the case is directly reviewed and the legality and reasonableness of court decisions are checked. All powers of the appellate court can be divided into two groups: those related to the annulment of the decision and those not related to the annulment of the decision. An analysis of the norms of civil procedural legislation allows us to distinguish the following types of acts of the court of appeal: resolutions; determinations; decisions.