Features of the jurisdiction of economic courts

Abstract

The article considers the problem of determining the jurisdiction of commercial courts. It is proved that jurisdiction should be considered depending on the theoretical model of specialization of the judiciary itself.
 The types of jurisdiction of commercial courts are analyzed: according to the subjective composition of the economic case (with the participation of citizens of Ukraine and legal entities registered in the territory of Ukraine); with the participation of foreign citizens and legal entities of Ukraine project, instance, territorial). It is established that the correctness of determining the jurisdiction of the case is essential insofar as it affects the time of decision-making on the case, and, accordingly, the restoration of the violated right, the expiration of the terms of the claim.
 The criteria for establishing the jurisdiction of commercial courts are highlighted: the range of persons who may apply to commercial courts, and belonging to the list of cases under the jurisdiction of commercial courts. It is proved that the existing system of delimitation of jurisdiction of commercial courts taking into account these criteria is not effective, complicates a person's access to court, and therefore requires significant changes.
 The problems of determining the jurisdiction of commercial courts, in particular the separation of commercial and administrative jurisdiction over disputes, when the parties to the dispute are a business entity and a subject of power. It is also problematic to consider cases on the recognition and enforcement of decisions of international commercial arbitration, foreign courts in commercial disputes.
 Possible directions of reforming the principles of determining the jurisdiction of commercial courts through the unification of civil, administrative and economic processes (codes) are outlined; refusal to specialize courts and introduction of specialization of judges; reclassification of the type of proceedings on the initiative of the court and referral of the case by the court to the appropriate jurisdiction.
 The need to take into account the experience of foreign countries (Germany, Italy, Estonia, etc.) in delimiting the jurisdiction of commercial courts on the basis of unification of procedural law - the introduction of a single code that would determine the rules of civil, commercial, administrative proceedings.