Анотація

The article is devoted to historical conditions of creation and development institute in the economic appeal proceedings in Ukraine.

The author argues that the emergence of appeal reaches the Kievan Rus' as for the judiciary Kievan Rus was characteristic, which eventually acquired the status of one of the main features of the Institute for appeal ‒ the formation of uniform thinking and ensure uniform enforcement. During Hetman Bohdan Khmelnytsky in Ukrainian lands formed on the principles of the judicial system instantsiynosti, territoriality and specialization. In the early nineteenth century, along with the general judicial system in Ukraine began to form special courts for consideration of trade disputes ‒ commercial. Thus, in 1807 has been created commercial court in Odesa. Laying the foundation of the modern system of commercial courts in Ukraine, features on consideration of economic disputes were transferred to a specialized court system took place in 1991. Although still maintained significant influence of executive authorities and the President on the activities of arbitration courts, particularly in the appointment of arbitrators and arbitral tribunals funding. A further foundation in the formation and development of legislation on higher specialized courts was the adoption June 28, 1996 Constitution of Ukraine. Judicial reform was extended by the Law of Ukraine "On the Judicial System of Ukraine" dated February 7, 2002. Holistic view of general jurisdiction acquired by the Law of Ukraine "On the Judicial System and Status of Judges" from July 7, 2010.

The author concludes that the way of formation of Cassation Commercial Court in Ukraine has a long history, full of facts as continuous development and improvement of forms judiciary and the judicial process.

Under the direct influence of other countries, Ukrainian judicial system is gradually moved away from their national judicial traditions and borrowed, often forcibly, foreign model construction judiciary.

Keywords: cassation; the history of the formation; the Commercial Court; the Judiciary.