Definition of the principle of competitiveness in economic litigation

Abstract

The article examines the peculiarities of determining the principle of competitiveness in economic litigation based on the analysis of legislation, judicial practice, including the European Court of Human Rights.
 It is emphasized that the process has a special place in the system of principles of economic justice, the principle of competition, which is key in achieving the tasks of economic justice.
 It is argued that the principle of competitiveness affects the entire process of formation and research of factual material necessary for the consideration of the case, determines the actions of the parties and other participants in the process of gathering and researching evidence, the sequence of these actions and their legal consequences, the role of the judge in this process
 Based on the analysis of legislation and court practice, it is stated that the principle of competitiveness provides for: the dependence of the court's actions on the demands of the plaintiff and the objections of the defendant; the court decides the case to the extent of the claims made by the parties; the possibility of free use of means of proof; the right of each party to prove the facts substantiating claims and objections; the possibility for the parties to submit additional evidence at the proposal of the economic court.
 It is emphasized that international standards in the field of justice pay considerable attention to the issue of compliance with the principle of competitiveness justice. An analysis of the decisions of the European Court of Human Rights regarding the interpretation and application of the adversarial principle was carried out and the conclusion was made that the principle of competitiveness is accepted as the basis of the concept of a fair trial in the sense of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms, which also includes the principles of equality of parties in the process and effective participation, dispositiveness and reasonableness of the term.
 It is noted that with the introduction of the new standard of proof "probability of evidence" it is necessary not only to provide enough evidence to confirm a certain circumstance, but also to provide exactly the amount of them that can outweigh the arguments of the opposite side of the court process.
 It is emphasized that the implementation of the principle of competitiveness in appellate and cassation proceedings is carried out taking into account certain specific features.