Functions of the Commercial Cassation Court in the Supreme Court in Ukraine

During the judicial reform of 2016, the Law of Ukraine "On Judicial System and Status of Judges" was adopted from 02.06.2016 No. 1402-VIII, as well as amendments to the procedural legislation, which created the legal basis for the creation of a new Supreme Court as a whole and in its composition economic court, in particular. Established on the basis of the Supreme Economic Court of Ukraine, the Court of Cassation within the Supreme Court assumed the main functions of the court of cassation of economic jurisdiction and organizationally took the place of the structural unit of the Supreme Court, which operates within the unified system of interaction between the courts of cassation and the Supreme Court. As the cassation instance in the field of economic justice in accordance with the Law of Ukraine " On Judicial System and Status of Judges " of 02.06.2016 No. 1402-VIII has changed, in particular, it is currently acting in the form of the Court of Cassation within the Supreme Court, so the author has a need more detailed study of their functions, which is the purpose of the article. The author has made a thorough analysis of scientific approaches to understanding the essence of the concept of "function". In addition, the article deals with the classifications of the functions of the cassation instance ..., given by domestic scientists, and on their basis proposed its own classification of the functions of the Court of Cassation within the Supreme Court. In particular, the author substantiates the concept of dividing the functions of the Court of Cassation within the Supreme Court into two groups: main and derivative. The main function of the Court of Cassation in the Supreme Court, according to the author, is the function of justice, which is manifested through the functions of cassation and appeal review cases. In its turn, the author of the article refers to the following functions: 1) supervision of the activity of lower courts and control over the observance of the rules of law; 2) ensuring the unity of case law; 3) interpretation function; 4) explanatory function; 5) analysis and synthesis of case law. On the basis of a comprehensive analysis of theoretical developments in national science and a practical approach to the definition of functions, the author concluded that all functions of the Court of Cassation are closely related to each other, and they are inherently complex in the administration of justice.