LEGAL STATUS OF A WITNESS IN ECONOMIC PROCEEDINGS: THEORETICAL AND LEGAL ANALYSIS

Abstract

The article is devoted to a comprehensive analysis of the legal status of a witness in commercial proceedings as one of the participants in court proceedings who performs an auxiliary function in proving. The paper examines the essence of the concept of «witness», outlines its place among other participants in procedural legal relations, and clarifies the specifics of its role in commercial proceedings. Given that commercial disputes are mostly based on written, electronic, and financial and accounting evidence, the institution of the witness is not a leading one in this category of cases. However, its importance cannot be underestimated, since it is testimony that can serve as an important additional source of information for clarifying the circumstances of the case, verifying the reliability of other evidence, and forming the court’s internal conviction.

The article analyzes the basic rights and obligations of a witness provided for by the current Commercial Procedural Code of Ukraine. These include the right to refuse to testify in cases specified by law, the right to safe conditions in court, as well as the obligation to give truthful testimony and appear when summoned by the court. Particular attention is paid to guarantees against coercion to give false testimony and liability for violation of procedural obligations.

The article examines the issue of procedural capacity of witnesses, in particular age and psychophysical criteria, as well as restrictions on persons who cannot be questioned as witnesses (judges, defenders, lawyers, clergy, etc.). The author emphasizes that a distinctive feature of commercial proceedings is the relatively limited use of witnesses compared to civil or criminal proceedings, but when the need arises, their participation becomes crucial for establishing the objective truth.