The right to judicial protection in the сommercial judiciary

Abstract

In the commercial area, judicial protection is considered as the most effective form of protecting the rights and legitimate interests of participants in economic relations, since it allows the widest possible range of protection methods to be applied, and the enforcement of court decisions is ensured by state coercion. Since the current legislation does not contain a definition of the concept of «right to judicial protection», then in legal science there is a discussion on the definition and nature of this concept, correlation with other rights, etc. The purpose of the study is to reveal the concept and features of the right to judicial protection in the economic and procedural dimension. To achieve the goal, the tasks were set to explore the concept of the right to judicial protection, the conditions and mechanism for the implementation of this right in economic legal proceedings, to characterize some elements of the content of the right to judicial protection. In the course of the study, the definition of the concept of «right to judicial protection» was analyzed, attention was paid to the discussion about whether this right belongs to constitutional or subjective law, the presence of a material and procedural component. The issues of the content of this right are also investigated, on the basis of which it is concluded that the content elements are implemented in the Code of Commercial Procedure of Ukraine in the form of tasks and basic principles of economic legal proceedings. Special attention is paid to such elements of the right to judicial protection in economic proceedings as access to court, the reasonableness of the time for consideration of the case, the right to appeal and cassation, the execution of a court decision.