The power of the Cassational Economic Court in the structure of the Supreme Court under the Economic procedural code of Ukraine as reworded by the Law of Ukraine № 2147-VIII in force as of 03.10.2017
Review
The article is devoted to the coverage of the powers of the Court of Cassation in the Supreme Court in accordance with the Economic Procedural Code of Ukraine in the version of the Law of Ukraine No. 2147-VIII of 03.10.2017. The author argued the presence of both positive and negative changes in the scope and content of the powers of the court of cassation in the field of economic legal proceedings.
The author focuses on the fact that with the adoption of the Law of Ukraine "On Amendments to the Constitution of Ukraine (on Justice)" of 02.06.2016, No. 1401-8, the powers of the court of cassation are narrowed, and the right of appeal is limited, since it is guaranteed only in the manner prescribed by law cases. The author argues that the provisions of the Constitution actually gave the legislator the right to set certain "filters" for appealing and reviewing court decisions by cassation court.
The "filters" established by the new procedural legislation for the cassational judicial proceedings are determined. The concept of low-priority cases and criteria that should be guided by a court in solving the issue of assigning a case to a low-priority are analyzed. The author noted such procedural innovations of the cassation court as the possibility of repeated cassation proceedings and the suspension of the previously adopted resolution of the cassation court.
The cases, in the presence of which insignificant disputes are still subject to consideration by the court of cassation instance, are determined.
The author concludes that the establishment of the specified criteria of the cassation appeal is aimed primarily at reducing the burden on the court of cassation, and borrowed from the experience of European countries, criticizes such innovations and considers them premature, unfortunately, unlike the European countries, Ukraine has only started to increasing confidence in the judiciary, and limiting the powers of the cassation instance will not do this.
Keywords: Cassation Economic Court, Supreme Court, powers.