ESTABLISHMENT AND DEVELOPMENT OF JUDICIAL PROCEEDINGS CONCERNING ISSUANCE OF EXECUTIVE LETTERS FOR THE DECISIONS OF COURT OF ARBITRATION

Abstract

The article is devoted to the establishment and historical development of arbitral proceedings as well as to the mechanism of arbitration decisions performance. Also, the author researched how the regulation of arbitration decisions performance varied throughout different historical periods in Ukraine; and, consequently, the abovementioned historical periods were classified according to the specific characteristics of regulation concerning arbitration decisions performance. It appears that the process of development of arbitral proceedings and arbitration decisions performance consists of the following periods: 1. Origination. This stage took place in the Princes Age when courts activity was a combination of state and arbitral proceedings. Meanwhile, any state bodies did not interfere with arbitration decisions performance and, even more, this performance had to be done only by case parties. 2. Establishment – the stage which started when Ukraine fell under the Lithuanian administration. For the first time in history arbitral proceedings were officially regulated and this was a remarkable moment because state bodies began to have impact on these organizations. For example, case parties were granted with a legally based opportunity to use state «help» in forced arbitration decisions performance. 3. Constant development. During this stage the Civil Proceeding Regulations were adopted as well as judicial systems in Russia and Austria were reformed in 1864 and 1895 respectively. Also, state bodies regulated all aspects of arbitral activity, including arbitral courts cooperation with state courts. It should be mentioned that the basis of this cooperation was the principle of agreement and autonomic nature of arbitral proceedings. 4. Decline. This period started at the beginning of the Soviet epoch in the Ukrainian history. Due to the total control of state courts, arbitral courts de-facto ceased their existence as the separated institute. 5. Restoration or the modern period of arbitral proceedings development. It began with proclaiming independence of Ukraine and continued with updating legislation on arbitral proceedings, e. g. the adoption of Law of Ukraine «On arbitral courts».