On the issue of liability in economic judicial proceedings

Abstract

The article specifies the legal nature of liability in commercial litigation, defines the ratio of measures of procedural coercion and liability in commercial litigation. Based on the analysis, a conclusion was made about the inexpediency of combining the measures of responsibility provided by the Commercial Procedural Code of Ukraine into an independent type of legal liability. The expediency of separating the category "Responsibility in commercial litigation" is argued. It is noted that the purpose of such liability is to comply with the procedural order of commercial proceedings under the threat of criminal, administrative, civil, disciplinary liability. Liability in commercial litigation includes all types of liability that are realized in connection with the implementation of such litigation: criminal, administrative, disciplinary liability of judges, lawyers, prosecutors, civil liability. Measures of such responsibility may have as their normative source not only the Commercial Procedure Code, but also the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Commercial Code, the Civil Code. It is noted that liability in commercial litigation is a complex legal institution. It is specified that measures of procedural coercion and liability in commercial litigation are forms of state coercion. Procedural coercion has a wider scope than liability in commercial litigation. The signs of procedural coercion in commercial litigation are specified: implementation regardless of the will of the subject to which they are applied; application by the court; implementation in connection with the implementation of legal proceedings in a particular case; ensuring the implementation of the tasks of commercial litigation; in some cases it is an unfavorable consequence of violation of the requirements of the legal norm (disposition), ie in connection with the implementation of dispositions of legal norms, in other cases it is the implementation of dispositions of legal norms that establish certain restrictions to ensure proceedings.