COURT DEBATES AT COMMERCIAL COURT PROCEEDINGS

Abstract

The article researches the innovations of commercial court proceedings, and namely the Court debates. The participants of a case (Plaintiff, Defendant, their representatives and the third parties) give speeches at the end of a Court session. The Court debates are the final stage of the court proceedings and precede a Court decree of a case. The court debates imply a court speech and the replies of the parties. This innovation incidental to general court proceedings. The court debates are not practiced while summary jurisdiction. A court speech during the debates is a right and not an obligation of the Parties. In addition to that, non-practicing the court debates will not lead to court decree repeal of a case based on infringement of the rules of law. But the research institute should not be underestimated, because only the court debates make it possible for the parties to prove their position based on the factual background of a case, the evidences gained at the prior stage and the legal foundation. Due to the fact that the debates are the innovation of the commercial court proceedings; they are to be scientifically researched in detail, their meaning, content and elements are to be determined. Simultaneously the research procedure reveals some shortcomings. Thus the Rules of the Economic Procedure of Ukraine do not determine a distinct succession of the participants’ appearance in Court debates of a Court of original jurisdiction, and namely a succession of the participants’ appearance in Court should be determined by a Court. At the same time a lawmaker determines such succession during the court proceedings of a Court of appeal which complies with a sequence of the participants’ and their representatives’ speeches during appeal proceedings. Thus, it is worth determining an imperative succession of the parties’ speeches in Court of original jurisdiction. It is also worth saying that the court debates provide execution of two main foundations of the commercial court proceedings, that is a principle of competitiveness of the parties and court decree validity.