Theoretical and legal characteristics of the economic court

Abstract

The article presents the advanced theoretical and legal characteristics of the economic court, based on scientifi c research in the fi eld of jurisprudence of different historical periods of independent Ukraine. The diffi cult way of becoming an economic litigator represents a generalized picture of balancing different forms of ownership against the background of priority development of private property. The implementation of a new form of ownership of property and rights, which is private property, led to the need for a radical reorientation of economic courts to the rails of securing the rule of law. The retrospective approach to the formation, reformatting and certain stabilization of the legal framework of the functioning of the economic court leads to the appeal to the diverse scientific and practical heritage of domestic lawyers who have not found consensus in views not only on the feasibility of the existence of the economic court, but also in the field of commercial law. We fi rmly stand on the objectivity of business law, defining it as a complex area of law, and therefore are convinced of the need for an appropriate court institution – an economic court as a government-run body on behalf of Ukraine to resolve economic disputes. Theoretical and legal analysis of the legislative base of the activity of the Commercial Court of Ukraine is conducted. It is established that the regulatory support of the economic sector consistently approved the constitutional requirements for the establishment and approval of the proper law and order in this sphere of public life. Evidence base of the statements made are the different legal documents from the day of the proclamation of Ukraine’s Independence to the present day. It has been argued that the legal characterization of an economic court follows from the essence of the fundamental elements of the constitutional order. Generally, a broad understanding of the public authority of the protection of the rights of economic entities, fi rst of all, of a commercial court, should necessarily take into account the specifi c features which are given to them to settle disputes in accordance with the powers conferred on them. For the fi rst time the author cites the periodization of the formation of an economic court as an independent body in the justice system of Ukraine.