Господарські суди України в системі органів судової влади

Abstract

During the proclamation of independence, Ukraine chose a model for the organization and implementation of state power according to the standards of modern developed European states, which in turn caused a rapid development of entrepreneurship and the economy. The core of protecting the interests of business entities was the system of economic courts, which, in their economic component, have a high economic value. Today, economic justice, in spite of constant pressure, is the most effective branch of the judicial system for resolving commercial disputes. The economic process differs from other processes: the timeliness of the proceedings; the quality of the decision; the calmness of the trial, since even open meetings are held in a separate room without the presence of the participants in the next process, which increases the attention of the court and the parties to the substance of the dispute; the ability of judges not only to solve the “in-law” case, but also to apply all democratic procedures for the peaceful resolution of the conflict. At the same time, it is necessary to draw the attention of the legislator to the fact that in spite of the impeccability of a certain mechanism of economic court proceedings, the courts act in full compliance with the current legislation, and modern legislation should not lag behind the realities of the world economy and justice, which are in constant dynamics and be one step ahead. Exploring the experience of the Anglo-Saxon legal system, the issue of adversarialism in the trial is widely discussed, which is perceived as an element of effective resolution of the dispute. According to our convictions, the court can not act as a passive role as an instrument for the abuse of experienced lawyers on the one hand and less experienced on the other, and should take an active part in obtaining comprehensive, complete and objective evidence for the correct application of the law. Of course, in the economic process, more backlash compared with other processes for competition. At the same time, the legislator needs to develop a framework for admissibility, as an ideologue of a modern, developed democratic legal state stands - effective and just justice.