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Current Issues of Commercial Legal Proceedings Discussed in the Supreme Court

02 december 2022, 16:45

Fairness, impartiality and timeliness of justice are those pillars on which the sustainable development of the economy rests, on which the investment attractiveness of the country largely depends, and therefore the place of Ukraine in the international arena as a strong, independent and successful state. Commercial jurisdiction is also guided by these principles when making court decisions.

This was stated by the President of the Supreme Court Vsevolod Kniaziev during the round table "Current issues of commercial legal proceedings".

"Today, Ukraine’s economy is drained of blood, business is forced to fight for its survival, and Ukrainian judiciary - to ensure the rule of law and justice in the context of unprecedented security challenges. The reopening of courts in the deoccupied territories is no less a challenge. But this work is one of the most important, because the demand for justice is especially high in the newly liberated settlements", said the SC President.

The SC President is convinced that the courts should demonstrate such a quality of justice that will not only meet the best European standards and practices, but also be at the forefront of European legal thought and the development of case law in economic legal relations.

The President of the South-Western Commercial Court of Appeal, the Chairman of the Association of Judges of Commercial Courts of Ukraine Nataliia Bohatska said that the main goal of today's discussion was to identify the risks of legal uncertainty and stability of the economic situation in the country in the event of the abolition of the Commercial Code of Ukraine and to find ways to optimize legislation in the field of economic relations.

"The present realities require us to be collected and balanced in making decisions. This is not the time to destroy the system and introduce new legal rules for a business that is barely holding on anyway. It's time to think about how to stabilize case law, how to improve access to justice and how to generally administer justice in the face of blackouts and long-term alarms," she stressed.

According to the President of the South-Western Commercial Court of Appeal, commercial legal relations are in dire need of the Commercial Code of Ukraine being finalized.

“No other branch of legislation contains such a number of legal acts, and the abolition of the Commercial Code of Ukraine, which is the foundation for special legislative acts in the field of commercial legal relations, will lead to a collapse in law enforcement in this area of law,” concluded Nataliia Bohatska.

She also added that certain provisions of the Commercial Code of Ukraine were outdated and needed to be finalized and improved. At the same time, the abolition of the Commercial Code of Ukraine will lead to fatal consequences for the country's economy.

The round table was organized by the Supreme Court and the Public Organization "Association of Judges of Commercial Courts of Ukraine".