ПРОБЛЕМНІ ПИТАННЯ ПРИ ОЦІНЮВАННІ ДОКАЗІВ У ГОСПОДАРСЬКОМУ СУДОЧИНСТВІ

Abstract

The article examines the impact of the evaluation of evidence from the standpoint of removing the concept of "sufficiency" and consolidating the concept of "probability" in the economic process in connection with changes in the Commercial Procedural Code of Ukraine under the Law of Ukraine of 20.09.2019 acts of Ukraine on stimulating investment activity in Ukraine". Indeed, this law was adopted to improve the business climate in Ukraine, encourage foreign investors and their investments, improve the quality of business regulation to increase business activity and increase Ukraine’s rating on ease of doing business. This law amended the fifth chapter "Evidence and proof" of the Commercial Procedure Code of Ukraine, where Art. 79 has the following meaning: «1. The existence of a circumstance to which the party refers as the basis of its claims or objections is considered proven if the evidence provided to confirm such a circumstance is more plausible than the evidence provided to refute it. The question of the reliability of evidence to establish the circumstances relevant to the case, the court decides in accordance with its internal convictions.". These amendments to the Commercial Procedure Code have affected the process of proving and evaluating evidence in commercial litigation, in connection with which a new standard of proof in commercial litigation has been enshrined in law. It should be emphasized that these changes regarding the replacement of the standard of proof complement the principles of commercial litigation, namely the principles of adversarial and dispositiveness, enshrined in Art. Art. 13, 14, 74 of the Commercial Procedure Code of Ukraine. The legislator has tried to prove that the introduction of changes, namely the category of "probability of evidence", will improve the efficiency of the commercial court in making decisions based on new approaches to the evaluation of evidence in the case to ensure fair, impartial and lawful resolution of disputes. quality protection of violated, unrecognized or disputed rights and legitimate interests of individuals and legal entities, the state.