APPEAL PROCEEDINGS: ECONOMIC AND PROCEDURAL ASPECT

Abstract

The article is devoted to the concept and features of appellate proceedings as a certain independent procedure of economic proceedings, which arises as a follow-up to the consideration of the case in the first instance and is aimed at reviewing its judicial acts. A special subject composition is inherent in appellate proceedings, first of all, a separate independent judicial instance – appellate economic courts, the list of which is determined by the Decree of the President of Ukraine, which contradicts the Law of Ukraine «On the Judicial System and the Status of Judges», since the court is created exclusively by law. The international legal support of appellate proceedings was the basis for its definition in the norms of domestic economic procedural legislation.As a legal category, the term «appellate proceedings» is a complex generalizing concept that can be considered as a form of economic proceedings, its stage and procedure.The essence of the appeal is a review, which is possible only in the presence of judicial acts of the court of first instance that have not entered into legal force, that is, it is a dependent procedure that occurs only after the relevant initial consideration of the case and its documented result. Also, it is precisely in the possibility of submitting new evidence to the court of appeal, which is an important feature of the appeal proceedings, that the motivation that encourages interested parties to file an appeal in the procedure of appeal to the relevant court is contained. It seems appropriate to define in the Code of Civil Procedure of Ukraine a full and incomplete appeal, and the first as a procedure for appeal proceedings, according to which the appellate economic court fully reviews the case according to the rules of claim proceedings and an incomplete appeal, in the case of which the relevant judicial institution considers the claims within the framework of the submitted appeal.