
Justice in Commercial Matters: History of Development and Novelties of Ukrainian Reform
Summary: 1. Introduction. – 2. The History of Ukrainian Commercial Courts Development. – 3. Novels of Commercial Procedure in the Context of Judicial Reform. – 4. Concluding Remarks.
Abstract
The judicial system of commercial (arbitration) courts of Ukraine has undergone a difficult path of formation and approval. An active process of creating the system of arbitration courts in Ukraine began in 1991, with the adoption by the Verkhovna Rada of Ukraine of the Law of Ukraine ‘On the Arbitration Court’. This law defined the prerogatives of the arbitration court as one of the branches of the judiciary designed to administer justice in commercial relations. The main peculiarity of the arbitration court as a part of the judiciary was its specialization. Today we are the witnesses of the final stage of the reform of commercial courts and commercial justice as a whole within the adoption of the Law of Ukraine ‘On the Judiciary and Status of Judges’ in 2016.
About Authors
Dmytro Prytyka, Doctor of Judicial Science, professor, Ex-Head
of the Supreme Commercial Court of Ukraine, Ukraine
References
- Decree of the President of Ukraine 453/2017 ‘On the Liquidation of Local Economic Courts and Establishment of Economic Courts in Circuits’ < www.president.gov.ua/documents/4532017-23370> accessed 3 November 2018
- Decree of the President of Ukraine 454/2017 ‘On Liquidation of Appelate Economic Courts and Establishment of Appelate Economic Courts in Appelate Circuits’ <https://www.president.gov.ua/documents/4542017-23366> accessed 3 November 2018
- Decree of the Supreme Court in the Name of Ukraine 6 July 2018 Case 4/428 <http://reyestr.court.gov.ua/Review/75637076> accessed 3 November 2018
- Decree of the Supreme Court in the Name of Ukraine of 24 October 2018 Case 910/19576/17 < http://reyestr.court.gov.ua/Review/77431906> accessed 3 November 2018
- Iryna Izarova, ‘Principle of proportionality in the EU civil process and prospects for its introduction in the civil process of Ukraine’ (2016) 37 (1). Scientific Bulletin of Uzhgorod National University. Series: Law 127-130 <http://nbuv.gov.ua/UJRN/nvuzhpr_2016_37%281%29__33> accessed 3 November 2018
- M De Salvia, Test Cases of the European Court of Human Rights: Guiding Principles of the Jurisprudence Relating to the European Convention for the Protection of Human Rights and Fundamental Freedoms: Judicial practice from 1960 to 2002 (Jurid Center Press 2004) 284.
- Mauro Cappelletti, Access to Justice and the Welfare State (Publications of the European University Institute1981) 4–11.
- O S Mozhaykina, ‘Concepts and Contents of the Basic Principles of Mediation in Civil-Law Relations’ (2017) 5 Actual questions of domestic jurisprudence, 55-58.
- Statistics of the Supreme Court of Ukraine for the First Half of 2018 <https://supreme.court.gov.ua/supreme/pokazniki-diyalnosti/sud_statistika/> accessed 3 November 2018
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How to cite it?
- D Prytyka, 'Justice in Commercial Matters: History of Development and Novelties of Ukrainian Reform' (2018) No 1 (1) Access to Justice in Eastern Europe 35-61.