THE DEFINITION OF UNCONDITIONAL GROUNDS FOR REVERSAL OF JUDICIAL ACTS ON APPEALS AND CASSATION IN COMMERCIAL PROCEDURE

The article is devoted to the study of the signs of unconditional grounds for the annulment of judicial acts by arbitration courts of appeal and cassation instances. The relevance of the topic is due to the fact that the doctrine of the arbitration process lacks a comprehensive understanding of the signs of unconditional grounds that distinguish them from other violations leading to the annulment of judicial acts. The study used general and specific scientific methods: functional, systemic, comparative legal, formal logical, etc. The analysis of the definitions of the unconditional grounds for the cancellation of judicial acts and the provisions of the procedural legislation on the revision of judicial acts is carried out, the signs of the concept under consideration  are highlighted. The author comes to the conclusion that the unconditional grounds for the cancellation of judicial acts are a «reflection» of the most significant principles of arbitration proceedings, differentiated depending on the provision of consequences in the form of unconditional cancellation of judicial acts for their violations. The discrepancy between the proposed scientific sign of the «nullity» of a court decision, adopted in the presence of unconditional grounds for its cancellation, and procedural and legal terminology is shown. Based on the results of the analysis, the definition of the concept under consideration is formulated.