CERTAIN ASPECTS OF COMMENCING APPELLATE PROCEEDINGS AGAINST
THE DECISIONS OF ARBITRATION COURTS AND PREPARING THEM FOR TRIAL
On the basis of the analysis of the rules of the Code of Civil Procedure of Ukraine governing proceedings on appeals against decisions of arbitration courts, and taking into account scholars’ points of view on this issue, the article investigates the procedure for commencing proceedings in cases of the relevant category and preparing them for judicial review. The author argues that it is advisable to consider commencement of appellate proceedings against the decisions of arbitration courts as a separate stage of civil proceedings that has a specific procedural purpose, structure and deadlines clearly defined by the law. Attention is drawn to the unreasonable refusal to commence proceedings in the event of an appeal against a decision made by an arbitration court on the grounds not provided for by the law. In this part, it is noted that the decision on the presence or absence of the grounds for setting aside an award made by the arbitration court, according to Part 3 of Article 457 of the Code of Civil Procedure of Ukraine, is taken when considering the case in court. Thus, refusing to commence proceedings on the basis of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine, the court actually makes a decision on the substance out of court. With respect to the abovementioned, it is suggested to specify the rules of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine. Considering the procedure for preparation of cases on appeals against decisions of arbitration courts, the author focuses his attention on the progressive nature of the provisions of Article 456 of the Code of Civil Procedure of Ukraine. It establishes the right of a competent court on its own initiative to ask the arbitration court for the necessary case materials concerning the grounds for setting aside the arbitral award. The implementation of this approach creates the conditions for further fair trial. At the same time, the consideration of cases on appeals against the decisions of arbitration courts in the order of simplified procedure according to the current version of the Code of Civil Procedure of Ukraine, in the author’s opinion, limits the parties’ possibilities for a compromise solution to the dispute. Emphasis is placed on the reasoning of further improving the legislation in terms of empowering the parties to conciliate procedures, at the stage of preparation of cases for trial.