THE EMERGENCE AND DEVELOPMENT OF THE INSTITUTE OF APPEALS IN CIVIL JUDICIARY ON UKRAINIAN LANDS

Abstract

The article deals with the main aspects of the appearance and origin of appeals in Ukrainian lands, legal acts that contained norms regarding the possibility of appeals. Several positions of researchers regarding the periodization of the history of the judiciary and the process in Ukraine, the existence of the institution of appeals are highlighted. It is noted that among researchers of the history of the state and law, civil justice and appellate appeal, there is no consensus on when the practice of appealing or reviewing court decisions first appeared on Ukrainian lands. Statements and arguments of researchers are given, which emphasize the existence of the possibility to appeal the decision of the court even in the times of Russia. Others, on the other hand, emphasize the lack of opportunity in feudal Russia and its successor state, the Principality of Galicia-Volyn, to challenge the decisions of the courts. Researchers are unanimous in this matter regarding church courts. The positions of researchers regarding the emergence of the institution of appeals during the times of the Grand Duchy of Lithuania, the Kingdom of Poland, and later the Commonwealth of Nations, namely in the articles of the three Lithuanian Statutes, are highlighted. The norms of the second and third Lithuanian statutes are considered, which indicated the contemporary understanding of the appeal, the deadlines for its submission, etc. The attention was focused on the unofficial codification of the times of the Hetmanship, which contained norms regarding appeals, the content of the concept, the hierarchy of courts, the reasons for refusals in appeals, which was entitled «Rights by which the Little Russian people are judged». It is indicated that the specified act incorporated the norms of the following sources of law: Lithuanian statutes, Saxon Mirror, Helminsk law; Ukrainian customary law and judicial practice; law-making activity of the Hetman and the General Military Council; normative legal acts of the hetman’s regimental-hundredth public administration and higher authorities: universals, instructions or orders of the hetman, instructions of the General Military Office.